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Trends, Challenges, and Initiatives in International Investment Arbitration and the Implications for Latin America - December 18, 2014


Trends, Challenges, and Initiatives in International Investment Arbitration and the Implications for Latin America:

Moderator:

Andrés Jana, Partner & Head of International Arbitration Group at Bofill Mir & Alvarez Jana, Santiago, Chile.

Panelists:

Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes, Washington, D.C.

Donald Donovan, Partner at Debevoise & Plimpton, New York.

Hugo Perezcano Díaz, Independent Legal Consultant, formerly head of Mexico’s Trade Remedy Authority, Mexico City.

The proceedings will be simulcast via video teleconferencing to various locations in the Americas and Europe. Contact bradley.hayes@yale.edu for more information.

The event is free of charge although prior registration is required. CLE credit for the New York Bar is available upon completion of requirements. To register or obtain more information, simply contact Bradley Hayes by email at bradley.hayes@yale.edu or by telephone at (203) 436-3534.

Speaker bios and background reading:

Meg Kinnear is currently the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank. She was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada, where she was responsible for the conduct of all international investment and trade litigation involving Canada, and participated in the negotiation of bilateral investment agreements. In November 2002, Ms. Kinnear was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, Ms. Kinnear was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, Ms. Kinnear was Counsel at the Civil Litigation Section of the Canadian Department of Justice (from June 1984 to October 1996) where she appeared before federal and provincial courts as well as domestic arbitration panels. Ms. Kinnear has published numerous articles on international investment law and procedure and is a frequent speaker on these topics. She is a co-author of Investment Disputes under NAFTA (published in 2006 and updated in 2008 & 2009). She also co-authored texts on Canadian legal procedure including Federal Court Practice (1988-1990, 1991-1992, and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).

Donald Donovan is co-head of the international disputes group at Debevoise & Plimpton and serves as counsel in international disputes before courts in the United States, international arbitration tribunals, and international courts. Mr. Donovan recently completed a term as President of the American Society of International Law. He serves as a Member of the US Secretary of State’s Advisory Committee on International Law; a Member of the Advisory Committees of the American Law Institute for the Restatement of US Foreign Relations Law and for the Restatement of the US Law of International Commercial Arbitration; a Member and Honorary Vice-President of the International Council for Commercial Arbitration (ICCA); Alternate US Member of the ICC International Court of Arbitration; and as a Member of the Board of Human Rights First and Chair of its Litigation Committee. He served from 2000-2005 as Chair of the Institute for Transnational Arbitration. He teaches International Arbitration and International Investment Law and Arbitration at the New York University School of Law, and he regularly speaks and writes on international law, international arbitration, and international litigation topics. Mr. Donovan joined Debevoise after serving as law clerk to Associate Justice Harry A. Blackmun of the US Supreme Court and as legal assistant to Judge Howard M. Holtzmann of the Iran-United States Claims Tribunal.

Hugo Perezcano served as the Head of Mexico's Trade Remedy Authority in the Ministry of Economy from January 2007 to October 2011, where he directed administrative investigations on trade remedies (antidumping, countervailing duties, and safeguards), led international negotiations, and oversaw dispute settlement proceedings concerning trade remedies. Prior to that, Mr. Perezcano was the General Counself for International Trade Negotiations in the Ministry of Trade and Industrial Promotion, providing legal advice to the Ministry on all international matters, including trade negotiations, dispute settlement, and bilateral investment treaties, as well as the agreements establishing the World Trade Organization and the North American Free Trade Agreement. He has also worked as an arbitrator and taught courses at, among other places, the Monterrey Institute of Technology and Advanced Studies and the Universidad Iberoamericana.

Andrés Jana is the partner in charge of the International Arbitration Group at Bofill Mir & Alvarez, Santiago, Chile. He is the Chilean delegate before the United Nations Commission on International Trade Law, UNCITRAL and is a member of the Working Group on Arbitration Involving States or State Entities of the ICC's Arbitration Committee. Jana has an extensive practice in commercial and investment arbitration and was appointed by the Chilean government as a member of the list of ICSID arbitrators. Jana has acted as external advisor to the Chilean government, particularly to the Ministries of Energy, Foreign Affairs and Finance. He provided advice to the government during negotiations of the FTA between Chile and USA, as well as the negotiations of the financial services and investment chapters of the FTA with the European Union. A Professor of Civil Law at the Universidad de Chile (1997 to date) he regularly lectures and published on international arbitration.

Background Readings:

Perezcano, Hugo. "Enhancing the Dispute Settlement System, or Much Ado About Nothing," Investment Treaty Arbitration and International Law (Huntington, N.Y.: Juris Publishing) 6:1-10 (2013).

Wick, Diana Marie. "The Counter-Productivity of ICSID Denunciation and Proposals for Change," Journal of International Business and Law 11:239 (2012).