ALS Course Detail

INVESTOR-STATE ARBITRATION: PERSPECTIVES ON LEGITIMACY AND PRACTICE

FDI Moot International Investment Law Symposium

Co-Sponsored With:Suffolk Transnational Law Review, The American Society of International Law, Center for International Legal Studies, Dechert, LLP and Transnational Dispute Management

Please Note: This course has already been held.

Date: Friday, October 31, 2008

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:15 PM

Faculty
Registration Information

Suffolk University Law School is pleased to host this international investment law symposium to mark the inaugural Foreign Direct Investment International Moot Competition (FDI Moot). Increasing international investment has encouraged the rapid development of a new field of international law addressing host States obligation to foreign investors regulating procedures to resolve related investment disputes. In recent years, there has been widespread recourse to arbitration as a means of resolving these disputes. Investor-State disputes often involve significant amounts of capital and raise challenging legal issues, while implicating shifting objectives at the juncture of public and private national and international law. Even while the network of investment agreements continues to expand and the number of investor-State arbitrations increases, there have been calls to re-evaluate the current system, with several countries reconsidering their obligations to participate in investor-State arbitration. This symposium will examine the investor-State arbitration system – with the challenge to panelists to discuss its strengths and weaknesses in theory and practice and to identify where potential improvements may be made. Please join a stellar faculty in examining these issues.

FDI Moot: The FDI Moot will take place at Suffolk University Law School after the conference on November 1st and 2nd, 2008. The Moot promotes an understanding of international investment laws and arbitration as an effective mechanism for the settlement of international investment disputes. Lawyers, academics and students from the around the world will meet at the FDI Moot. The event will give those gathered an opportunity to discuss the latest developments in international investment regulation and dispute resolution in the context of a rigorous competition.

F A C U L T Y

	Arif H. Ali, Esq.
	Crowell & Moring, Washington, D.C.

	Professor José E. Alvarez
	Hamilton Fish Professor, Columbia University Law School, New York Former President American Society of International Law

	Dean Alfred Aman
	Suffolk University Law School, Boston, MA

	Professor Andrea Bjorklund
	University of California at Davis, Davis, CA

	Gabriel Bottini, Esq.
	Coordinator of International Affairs, Attorney General's Office, Buenos Aires, Argentina

	Professor Charles H. "Chip" Brower, II
	University of Mississippi School of Law, Oxford, MS

	Christian Campbell
	The Center for International Legal Studies, Saltzburg, Austria

	Professor David D. Caron
	C. William Maxeiner Distinguished Professor of Law Chairman of Transnational Arbitration Boalt School of Law, University of California at Berkeley, Berkeley, CA

	Professor Tai-Heng Cheng
	Associate Director, Center for International Law New York Law School, New York, NY

	Professor Jack Coe, Jr.
	Pepperdine University Law School, Malibu, CA

	Christopher Gibson
	Professor and Associate Dean Suffolk University Law School

	Dr. Veijo Heiskanen
	Lalive Avocats, Geneva, Switzerland

	Professor Stephen Hicks
	Suffolk University Law School, Boston, MA

	Dr. Abba Kolo
	Center for Energy, Petroleum and Mineral Law and Policy University of Dundee, Dundee, Scotland

	Andrea Menaker, Esq.
	White & Case, Washington, D.C.

	Ucheora Onwuamegbu, Esq.
	Senior Counsel, International Centre for Settlement of Investment Disputes (ICSID) Washington, D.C.

	Dr. Federico Ortino
	Reader in International Economic Law, School of Law King's College London

	Judge Stephen Schwebel
	Former President International Court of Justice, Washington, D.C.

	Professor Brigitte Stern
	University of Paris I - Panthéon-Sorbonne, Paris, France

	Margrete Stevens, Esq.
	King & Spaulding, Washington, D.C.

	Professor Elizabeth Trujillo
	Suffolk University Law School, Boston, MA

	Jie Wang
	Division Chief of The Secretariat China International Economic & Trade Arbitration Commission, China

	Todd J. Grierson Weiler, Esq.
	Naftaclaims.com, Canada

	Professor Jason Webb Yackee
	University of Wisconsin Law School, Madison, WI

	David Bigge, Esq.
	Dechert, LLP, New York, NY

S C H E D U L E / A G E N D A

8:00	BREAKFAST AND REGISTRATION
9:00	WELCOME AND OPENING Dean Alfred Aman Suffolk University Law School Professor Jack J. Coe, Jr. Pepperdine University School of Law Professor Christopher Gibson Suffolk University Law School
9:15	ISSUES OF LEGITIMACY IN INVESTOR-STATE ARBITRATION PANEL I MODERATOR Professor Jack J. Coe, Jr. PANELISTS Federico Ortino Investment Tribunals’ Interpretation of BITs: Legitimacy and Practice Professor Charles H. “Chip” Brower Legitimacy an the Problem of Coherence: what Does it Mean? Are There Competing Values? Professor Jason Webb Yackee Proposed Reforms for the International Investment Law System-Will They Help Legitimacy Panel Discussion and Q & A
10:30	Break
10:45	Panel II MODERATOR Ucheora Onwuamaegbu, Esq. PANELISTS Gabriel Bottini Challenge of Arbitrators Todd Weiler The Treatment of Environmental and SPS Measures in International Investment Law Jie Wang Investor-State Arbitration: A General Picture of Where China Stands Panel Discussion and Q & A
12:00	Distinguished Speaker Judge Stephen M. Schwebel Former President of the International Court of Justice The Overwhelming Merits of Bilateral Investment Treaties
12:30	Buffet and Keynote Luncheon (Included in tuition) Professor José Alvarez Hamilton Fish Professor of International Law and Diplomacy and Director, Columbia Law School, New York Former President, American Society of International Law The Evolving Foreign Investment Regime
2:00	PERSPECTIVES ON INVESTOR-STATE PRACTICE PANEL III MODERATOR Margrete Stevens PANELISTS Veiho Heiskenan Law Governing International Investment Arbitration Ari Ali Evolution of the Minimum Standard of Protection for Investors Under Customary International Law Professor Tai-Heng Cheng The Reasons Requirement: What's Reasonable Depends on Who's Asking Panel Discussion and Q & A
3:15	BREAK
3:30	PANEL IV MODERATOR Professor Brigitte Stern PANELISTS Professor Andrea Bjorklund Enhancing the Quality of Quantum Awards Dr. Abba Kolo Arbitrating Tax and Foreign Exchange Claims: Some Jurisdictional and Substantive Issues Professor Christopher Gibson Tackling New Issues: Intellectual Property in Investor-State Arbitration Andrea Menaker Panel Discussion and Q & A
4:45	REFLECTIONS ON THE SYMPOSIUM
4:45	KEYNOTE RAPPORTEUR: Professor David C. Caron C. William Maxeiner Distinguished Professor of Law Boalt School of Law, University of California, Berkeley; Chairman, Institute of Transnational Arbitration
5:10	RECEPTION AND WELCME RECEPTION FOR FDI MOOT TEAMS

G E N E R A L I N F O

Date:		Friday, October 31, 2008
Tuition:		Regular Tuition-$299.00 Co-Sponsoring Organizations, Arbitrators and Suffolk Alumni-$175.00 Non-suffolk Law Students-$35.00 FDI Moot Teams, Coaches and Suffolk Law Students-Free **You will not be able to register on the ALS website for these categories, please either email Your information to pmcclary@suffolk.edu, call our office at (617) 573-8627 of fax your Request to (617) 305-3099.
Walk-Ins:		Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
Refunds:		Written requests for cancellations received via fax or email 24 hours prior to program will be granted a refund, minus a $15.00 charge. if you cannot attend, you may send a substitute, otherwise you will receive the written course materials.
Location:		Suffolk University Law School, 120 Tremont St., Boston, MA
Credit:		The Center for International Legal Studies will certify up to 1.8 CLE credits (based on a 50-minute hour) and/or 1.5 CLE/CPD (based on a 60 minute hour) per 90 minute session attended.
Special Needs:		If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.

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PANEL I

Panel II

PANEL III

PANEL IV