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Breakfast roundtable on April 12

As part of Yale Law School’s Latin American Legal Studies program, we are pleased to announce a breakfast roundtable on International Investment Arbitration in the Latin American Context. The event is open to all attorneys but pre-registration by 5:00 p.m. on Monday, April 9, is required. To register contact Bradley Hayes, Coordinator of International Programs at Yale Law School, by email at bradley.hayes@yale.edu or by phone at (203) 436-3534.

1.5 Continuing Legal Education credits are available for transtional and non-transitional attorneys registered with the New York bar under the category of Areas of Professional Practice.

The breakfast roundtable will begin at 8:00 a.m. and end at 9:45 a.m. on Thursday, April 12. Simpson Thacher has generously offered to host and provide breakfast for the event. The roundtable discussion will be simulcast between the New York and Washington offices of Simpson Thacher.

Subtopics encompass both theoretical and practical discussion of recent developments in Latin America regarding annulments, multiparty arbitration, and the impact of national laws, the involvement of local courts, media coverage, fraud, and corruption.

Presentations will be made by a select panel of prominent academics and practitioners:

Carolyn Lamm, Partner, White & Case (powerpoint slides)

Claudia Annacker, Partner, Cleary Gottlieb (powerpoint slides)

Guillermo Aguilar-Alvarez, Partner, King & Spalding

Michael Reisman, ’64 LL.M., ’65 J.S.D. Myres S. McDougal Professor of International Law, Yale Law School

Peter Thomas, Partner, Simpson Thacher

Santiago Montt, ’04 LL.M., ’07 J.S.D., University of Chile Law School, Senior Manager, Legal Group, Base Metals, BHP Billiton

The event will be moderated by Daniel Markovits, ’00 J.D., Guido Calabresi Professor of Law at Yale Law School. Speaker bios and background readings can be found below.

Schedule:

7:45 a.m. Sign in

7:55 Breakfast buffet

8:20 Call to order

8:25 Introduction of event and speakers by Daniel Markovits

8:30 10-minute presentations by speakers

9:30 Questions from moderator and the floor

9:45 a.m. Evaluations and sign out

Locations:

New York:

Simpson Thacher
425 Lexington Avenue
New York, NY 10017-3954
+1-212-455-2000

Washington, D.C.:

Simpson Thacher
1155 F Street, N.W.
Washington, D.C. 20004
+1-202-636-5500

Continuing Legal Eduction Credit:

1.5 Credits of Continuing Legal Education in the category of Areas of Practice are available to participants who attend the event and satisfy the following requirements:

- The participant must be present for the entire program to receive all credit.
- The participant must sign in and sign out with the Yale Law School administrators staffing the event.
- The participant must fill out an evaluation card for the event.

Speaker bios:

Carolyn B. Lamm, Partner, White & Case, Washington D.C.

Ms. Lamm's practice concentrates on international dispute resolution through international arbitration, litigation and international trade matters. She has substantial experience with ICSID and its Additional Facility, NAFTA and other commercial arbitral fora including AAA/ICDR, ICC, Vienna Centre, Stockholm Chamber, Swiss Chamber and in federal court litigation. She is involved primarily in the representation of foreign corporate clients and foreign sovereigns. Ms. Lamm was appointed by President Clinton to the US Panel and later by the Government of Uzbekistan to the Uzbek Panel of Arbitrators for ICSID arbitration; she is a member of the American Arbitration Association Executive Committee and Board and has served as an arbitrator in AAA International Rules disputes. She has also rendered advice with respect to arbitration clauses and disputes under ICC rules and ad hoc arbitrations using UNCITRAL rules or agreed-upon procedures. She is a frequent lecturer on the topics of litigation, international arbitration and international trade.

Claudia Annacker, Partner, Cleary Gottlieb Steen & Hamilton LLP, Paris

Ms. Annacker’s practice focuses on international litigation and arbitration and public international law matters. She is widely published on various aspects of public international law and European law and regularly lectures as an adjunct professor at the University of Vienna. She has also served as an arbitrator in international arbitrations.

Recent significant matters include representation of the Russian Federation in three parallel arbitrations under the Energy Charter Treaty, of the Republic of Slovenia before the European Court of Human Rights, of ArcelorMittal in an arbitration under the Netherlands-Czech Republic bilateral investment treaty, and of an Austrian investor in an arbitration under the Austria-Croatia and Austria-Yugoslavia bilateral investment treaties. She has also represented the Bank for International Settlements in proceedings before an arbitral tribunal established pursuant to Article XV of the Agreement signed at the Hague on January 20, 1930 commenced by the Bank’s former private shareholders seeking additional compensation for the mandatory redemption of their shares.

Guillermo Aguilar-Alvarez, Partner, King & Spalding, New York

Mr. Aguilar-Alvarez concentrates his practice in international commercial and investment arbitration. He handles arbitration procedures under the rules of the International Court of Arbitration of the ICC, the AAA, the London Court of International Arbitration, ICSID, the Arbitration Institute of the Stockholm Chamber of Commerce, the Netherlands Arbitration Institute, the Inter American Commercial Arbitration Commission and UNCITRAL. Mr. Aguilar-Alvarez has also represented investors in investment disputes arising under Chapter 11 of the North American Free Trade Agreement, and other bilateral investment treaties.

Mr. Aguilar-Alvarez served as Principal Legal Counsel for the government of Mexico for the negotiation and implementation of the North American Free Trade (NAFTA) and free trade agreements with Costa Rica, Bolivia, Colombia and Venezuela. Previously, Mr. Aguilar-Alvarez was Counsel and General Counsel of the ICC International Court of Arbitration. Mr. Aguilar-Alvarez has been a Visiting Lecturer in Law at the Yale Law School since 2005.

W. Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School

Professor Reisman has been on the faculty of Yale Law School since 1965. He has been a visiting professor in Tokyo, Hong Kong, Berlin, Basel, Paris, and Geneva. He is a Fellow of the World Academy of Art and Science and a former member of its Executive Council. He is the President of the Arbitration Tribunal of the Bank for International Settlements. Professor Reisman has published widely in the area of international law and he has served as arbitrator and counsel in many international cases. His most recent books are Foreign Investment Disputes: Cases, Materials and Commentary (with Bishop and Crawford); and International Law in Contemporary Perspective (with Arsanjani, Wiessner & Westerman). Professor Reisman received his LL.B. from Hebrew University and his LL.M. and J.S.D from Yale.

Peter C. Thomas, Partner, Simpson Thacher & Bartlett LLP, Washington D.C.

Mr. Thomas is Managing Partner of Simpson Thacher’s Washington, D.C. office and a member of the Firm's Litigation Department. Mr. Thomas has extensive experience in large, complex commercial litigations and arbitrations, particularly in the areas of antitrust and international arbitration. He also advises clients in transactions subject to review by the Committee on Foreign Investment in the United States (CFIUS). The Firm’s Washington, D.C. office concentrates primarily on antitrust litigation and merger enforcement, international investment treaty and commercial arbitrations, and governmental and internal investigations, including securities enforcement matters.

Santiago Montt, Professor of Law, Universidad de Chile

Santiago Montt, LLB Universidad de Chile, LLM and JSD, Yale University, MPP Princeton University. Admitted to the bar in Chile and in NY State. Academic at Universidad de CHile Law School. Author of several papers and books on administrative law, investment protection, and antitrust. Currently Senior Manager, Group Legal, Base Metals, BHP Billiton.

Daniel S. Markovits (moderator) Guido Calabresi Professor of Law, Yale Law School

Professor Markovits works in the philosophical foundations of private law, moral and political philosophy, and behavioral economics. He has written articles on contract, legal ethics, distributive justice, democratic theory, and other-regarding preferences. After earning a B.A. in Mathematics, summa cum laude from Yale University, Markovits received a British Marshall Scholarship to study in England, where he was awarded an M.Sc. in Econometrics and Mathematical Economics from the L.S.E. and a B.Phil. and D.Phil. in Philosophy from the University of Oxford. Markovits then returned to Yale to study law and, after clerking for the Honorable Guido Calabresi, joined the faculty at Yale.

Suggested Readings:

Anderson et al. v. Costa Rica, ICSID Case No. ARB(AF)/07/3, Award of May 19, 2010: paragraphs 15, 28, 51-59

Inceysa Vallisoletane, SL v. El Salvador, ICSID Case No. ARB/03/26, Award of August 2, 2006: paragraphs 3, 190-257

Kreindler, Richard, “Corruption in International Investment Arbitration: Jurisdiction and the Unclean Hands Doctrine,” in K. Hober, A. Magnusson and M. Öhrström (eds.), Between East and West: Essays in Honour of Ulf Franke (2010) 309: Section III, Section V, Section VI.

Lamm, Carolyn, “Remarks,” in Recent Trends in International Investment Law, ASIL Proceedings (2011), p. 11.

Menaker, Andrea, “The Determinative Impact of Fraud and Corruption on Investment Arbitrations,” 25 ICSID Rev. 67 (2010): Section II, Section III.A until "a treaty of this nature", Section III.B. until "providing for such a result.", Section III.C until "the community of nations."

Montt, Santiago. “Introduction” to State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation, Hart (2009).

Reisman, W. Michael, “International Investment Arbitration and ADR: Married but Best Living Apart,” ICSID Review, Spring 2009, p. 185.

Further Reading:

Abaclat and Others v. Argentina, ICSID case number ARB/07/5.

Cohen Smutny, Abby and Petr Polasek, “Unlawful or Bad Faith Conduct as a Bar to Claims in Investment Arbitration,” in Jacques Werner and Arif Hyder Ali (eds.), A Liber Amicorum: Thomas Wälde, Law Beyond Conventional Thought (2009) 277

Haugeneder, Florian and Christoph Liebscher, “Investment Arbitration – Corruption and Investment Arbitration: Substantive Standards and Proof” in Christian Klausegger, Peter Klein, et al. (eds.), Austrian Arbitration Yearbook (2009) 539

Kriebaum, Ursula, “Investment Arbitration – Illegal Investments in: Christian Klausegger,” Peter Klein, et al. (eds.), Austrian Arbitration Yearbook (2010) 307

Lamm, Carolyn, “Internationalization of the Practice of Law and Important Emerging Issues for Investor-State Arbitration,” Opening Lecture, Private International Law Summer Session, The Hague, Netherlands, Monday, July 25, 2011.

Moloo, Rahim and Alex Khachaturian, “The Compliance with the Law Requirement in International Investment Law,” 34 Fordham Intl Law Journal 1473 (2010)

Newcombe, Andrew, “Investor Misconduct: Jurisdiction, Admissibility, or Merits,” in Chester Brown, Kate Miles (eds.), Evolution in Investment Treaty Law and Arbitration 187 (2011)