Introduction to Investor-State Dispute Settlement (ISDS)
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IDR 2,600,000.00
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FACT: While the push for Foreign Direct Investment (FDI) continues to grow, disputes between investors and foreign countries have required adjudication for as long as there has been cross-border investment. When matters go wrong,
a neutral dispute mechanism is important. Investor-State Dispute Settlement (ISDS) is an impartial international arbitration procedure specifically designed to protect foreign investors seeking to redress injury by providing an impartial, law-based approach
to resolve investment disputes.
In fact, investment arbitration and the use of ISDS have expanded drastically in the past decade. Various forms of ISDS are now a part of over 3,000 trade agreements worldwide. As the number of investment agreements has risen,
the cases brought to international dispute settlement have become increasingly complex too, encompassing multiple contracts with multiple parties and issues.
Are you a government official responsible for negotiations of investment treaties, an attorney frequently involved in representing a state or an investor in international dispute resolution proceedings, a member of in-house counsel,
an international arbitrator aspiring to add or improve expertise in investment arbitration, a civil servant in state investment’s policies, a professor or student looking to increase real-time knowledge, or an investor aiming to understand ISDS further? If
so, BIAMC’s 1-Day ISDS Seminar is ideal for you! At BIAMC, we merge practical, comprehensive curriculum with unparalleled instruction from top foreign and domestic experts currently working in ISDS.
Outline
ISDS Seminar Agenda
Morning Session:
Karen Mills, J.D., F.CIArb, Chartered Arbitrator, KarimSyah Law Firm
General Background
Investor-State Arbitration:
- What is it? How does it differ from other/commercial arbitration?
- Under Contract
- Under Treaty
- Under Treaty, primary provisions to consider
- Provisions providing most problems
- Summary of Indonesian cases
- Recent Backlash
- What can be done to preserve system?
Afternoon Session:Prof. Dr. Peter Malanczuk
Investor-State Dispute Settlement (ISDS) Venues and Procedures
Investor-state arbitration institutions and regimes - Overview
- International Centre for the Settlement of Investment Disputes (ICSID)
- ICSID Additional Facility
- UNCITRAL Rules & Mauritius Convention
- Other non-ICSID options (e.g. ICC, SCC, LCIA, PCA)
ICSID arbitration proceedings– selected aspects
- Jurisdiction and admissibility issues (e.g. ‘investment’, nationality, consent)
- Applicable law
- Arbitral procedure
- Annulment of ICSID awards
- Enforcement of awards
Non-ICSID arbitration proceedings
- Special issues
- Challenge and review of non-ICSID awards
- Enforcement of non-ICSID awards
Remedies
Mediation in ISDS disputes
Evaluation of ISDS options – advantages/disadvantages
Recent developments, ISDS criticism and reform options
- (NAFTA, EU investment court proposal, China’s Belt & Road Initiative and new ISDS rules: HKIAC, SIAC, SCIA, CIETAC)
Speaker/s
Prof. Dr. Peter Malanczuk
Professor Peter Malanczuk is an Adjunct Professor of the Faculty of Law of The University of Hong Kong (HKU) and a member of the Academic Advisory Council of the University of Heidelberg (where he graduated from law school).
He also serves as a member of the Council of the Shenzhen Court of International Arbitration (SCIA), China, and as a member of the Advisory Committee of the Shenzhen Municipal People’s Government on the Internationalization of Shenzhen. He also has specialized
experience in international legal practice. Apart from his work with the Iran-U.S. Claims Tribunal, he has served as Legal Counsel to Iraq before the U.N. Compensation Commission in Geneva resolving claims arising out of the 1990 Gulf War, independent expert
before the International Criminal Tribunal for the Former Yugoslavia (ICTY), Special Legal Counsel of Ethiopia on boundary and compensation claims issues arising from the 1998-2000 war with Eritrea, and as the first arbitrator appointed by Ethiopia in 2001
to the Eritrea-Ethiopia Claims Commission.
Karen Mills, J.D., F.CIArb, Chartered Arbitrator, KarimSyah Law Firm
Karen Millls is recognized as one of the leading arbitrators in Asia according to every publication and survey published. She sits as arbitrator in Indonesia, Singapore, Hong Kong, Malaysia and the US and is also on the panel
of arbitrators of institutions in the Philippines, Hong Kong, Singapore, Malaysia, China, Korea, New Zealand, ICDR in the US, and several online Domain Name Dispute Panels, and teaches all level of courses for the Chartered Institute of Arbitrators and other
institutions.
Ms. Mills has sat as arbitrator in cases involving oil, gas, mining, power, insurance, finance, tax, commercial real estate, and various matters of general investment and trade.
As counsel she often acts as lead counsel for the Indonesian Government in investor-state disputes, including successfully winning a multi-billion dollar mining dispute and successfully dismissing one ICSID claim for lack of jurisdiction, and another
multilateral treaty case on the merits. She also represents a number of state-owned companies and acts for many multinational and local companies in arbitration as well as in structuring transactions in all sectors.
Special Offer
Register Now :
- Early Bird ( Before September 7th, 2018) : IDR 2.600.000
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Bali International Arbitration Mediation Center (“BIAMC”) emerged as an affirmation of three distinct yet interwoven Asia Pacific phenomena: The Association of Southeast Asian Nations ASEAN), China’s One Belt One Road (OBOR), and The Asia Pacific Economic Cooperation (APEC).
The sheer number of projects stemming from these initiatives is and will continue to be staggering. As transnational cooperatives are forged, two inevitable byproducts result: growth and conflict. The former has been engendered through unfathomable global partnerships never previously imagined, which have resulted in a limitless galvanization of economies all across the Asia Pacific region. However, the latter has proven to be a mounting concern and justifiable obstacle to continued prosperity. That’s where we at BIAMC come in.
We are a non-profit service center located both in Kuta on Bali Island and in Jakarta on Java Island within the Republic of Indonesia devoted to international dispute settlement through arbitration, mediation, or fact-finding. As the most populous country of ASEAN, Indonesia is in a prime position and BIAMC, as a private, neutral, non-profit venue, aims to develop Indonesia's arbitration and mediation capabilities through international cooperation. Thus, we can aid in bringing about international arbitration and mediation for Indonesia with local friendliness through its archipelagic attractiveness. ...
The sheer number of projects stemming from these initiatives is and will continue to be staggering. As transnational cooperatives are forged, two inevitable byproducts result: growth and conflict. The former has been engendered through unfathomable global partnerships never previously imagined, which have resulted in a limitless galvanization of economies all across the Asia Pacific region. However, the latter has proven to be a mounting concern and justifiable obstacle to continued prosperity. That’s where we at BIAMC come in.
We are a non-profit service center located both in Kuta on Bali Island and in Jakarta on Java Island within the Republic of Indonesia devoted to international dispute settlement through arbitration, mediation, or fact-finding. As the most populous country of ASEAN, Indonesia is in a prime position and BIAMC, as a private, neutral, non-profit venue, aims to develop Indonesia's arbitration and mediation capabilities through international cooperation. Thus, we can aid in bringing about international arbitration and mediation for Indonesia with local friendliness through its archipelagic attractiveness. ...
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