3 - Day Course : The Essentials of International Investment Law and Arbitration

BRIEF TUTOR PROFILE

Dr. Kabir Duggal

Dr. Kabir Duggal is a senior associate in Arnold and Porter's International Arbitration and Public International Law Practice Groups in New York. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries (UN-OHRLLS) on the creation of a novel "Investment Support Program." Dr. Duggal is a Lecturer-in-Law at the Columbia Law School, teaching "International Investment Law and Arbitration." Dr. Duggal has published several articles and books and is regularly invited to speak at conferences globally. He is the Managing Editor for Columbia Law School’s “The American Review of International Arbitration.” He has co-authored a book entitled "Evidence in Investment Arbitration" published by Oxford University Press and "Principles of Evidence in Public International Law as applied by Investor-State Tribunals" by Brill Publishing. He has received the Burton "Law360 Distinguish Legal Writing Award" for his scholarly writings.

Mr. Colin Liew

Colin has been recognised by leading directories as an outstanding and influential disputes practitioner who specialises in commercial disputes over a wide range of practice areas, with a particular focus on arbitration-related litigation. Colin also advises on and represents clients in arbitration, in addition to taking on arbitrator appointments. As both leading and junior counsel, Colin has acted in a number of reported cases involving novel points of law, and his legal submissions have been repeatedly commended by the courts. In addition, Colin has provided expert evidence of Singapore law to various tribunals, and contributes regularly to law journals and law reform initiatives.

Mr. Elijah Putilin

Mr Elijah Putilin is partner at P&S dispute resolution boutique headquartered in Hong Kong. Currently, Mr Putilin also holds offices of the Deputy Head of Legal Services at the Asian International Arbitration Centre and the Secretary General of the Asian Domain Name Dispute Resolution Centre. Mr Putilin has advised clients in more than 50 cases before ICC, ICAC, ICDR, LCIA and SCC tribunals, national courts and international adjudication bodies. As part of the AIAC’s team, Mr Putilin advised the Government of Malaysia on the revision of the Arbitration Act 2005. He also played an instrumental role in the revision of the Centre’s Mediation Rules to tailor them for Investor-State disputes. Mr Putilin has published several articles in the field of public international law and dispute resolution and is the author of the forthcoming book “Guide to Malaysian Investment Treaties”. Mr Putilin is regularly invited to speak at conferences and deliver courses on arbitration in Asia and Europe.

Professor James Claxton

Has more than a decade of experience in international dispute resolution as advocate, academic, arbitrator, and mediator. He worked as legal counsel at the International Centre for Settlement of Investment Disputes (ICSID) in Washington and as attorney in the international arbitration practices of global law firms in Paris. Since 2008, he has given lectures and intensive courses in international dispute resolution at law faculties in Asia, Europe, and the United States. He is presently full professor of law in the Graduate School of Law at Kobe University in Japan. A CIArb Fellow and CEDR-accredited mediator, he currently advises emergent dispute-resolution institutions in Asia and serves on various international-dispute-settlement working groups including as a sub-committee chair of the Investor-State Mediation Task Force of the International Mediation Institute.

SCHEDULE 

Day 1 - 8 July 2019
08.30 : Registration Opens
09.00 : Lecture 1: Introduction (Dr. Kabir Duggal)

• Historical background
• The modern system of international investment law & arbitration

10.35 : Coffee Break
10.50 : Lecture 2: Understanding the Investment Treaties (Dr. Kabir Duggal)

• Dissecting a BIT
• Investment treaties interpretation

12.25 : Lunch Break
13.25 : Lecture 3: Material Scope of Investment Treaties Application: the Concept of Investment (Dr. Kabir Duggal)

• The evolution of the definition of “investment”
• Definition of the investment and jurisdiction

• Nationality of investor and jurisdiction
• Shareholders' standing
• Dual nationality

Day 2 - 9 July 2019
08.45 : Attendance
09.00 : Lecture 5: Discrimination (Mr. Colin Liew)

• National treatment
• MFN treatment

10.35 : Coffee Break
10.50 : Lecture 6: Fair and Equitable Treatment and Umbrella Clauses  (Mr. Colin Liew)

• The evolution of the concept
• The meaning of the fair and equitable: a case study
• The concept of 'umbrella clauses'

12.25 : Lunch Break
13.25 : Lecture 7: Expropriation (Mr. Elijah Putilin)

• The evolution of the concept
• Direct & indirect expropriation 

• Applicable procedural law
• Consent to ISA and its scope
• Conditions precedent:
  • Exhaustion of local remedies
  • Cooling-off periods
• Applicable substantive law

Day 3 - 10 July 2019
08.45 : Attendance
09.00 : Lecture 9: Investor-State Arbitration Procedure (Mr. Elijah Putilin)

• Applicable procedural rules:
  • ICSID: ICSID Arbitration Rules & Additional Facility Rules
  • UNCITRAL Arbitration Rules
  • AIAC Arbitration Rules
• The course of typical ISA proceedings 

10.35 : Coffee Break
10.50 : Lecture 10: Defenses, Exceptions and Counterclaims (Prof James Claxton)

• Treaty-based and customary international law defenses
• Exceptions to host-State's responsibility
• Arbitrating investor's conduct: counterclaims by host-States

12.25 : Lunch Break
13.25 : Lecture 11: Remedies, Enforcement and Challenge of Awards 
(Prof James Claxton)

• Pecuniary and non-pecuniary remedies
• Enforcement of ICSID and non-ICSID awards
• Annulment of ICSID awards
• Setting-aside of non-ICSID awards

• ISDS Criticism: a quest for alternative to arbitration
• Fragmentation of the international investment regime

Registration close on Monday, June 24th, 2019

Early Bird       IDR 8.800K       (Registration before June 10th)

Standard        IDR 10.800K     (Registration before June 24th)

Registration Link : https://form.jotform.me/90661250063449


VENUE & CONTACT

Udayana International Convention Centre – UICC

Jalan Prabu Udayana No. 100 Jimbaran, Badung – Bali

Office: +62 21 2978 3078

WA: +62 812 8281 6333

Email: [email protected]