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Proposed ICSID Conference panels

Saturday, February 11, 2012
Yale Law School

Breakfast: 9:00 – 9:30

Keynote: 9:30 – 10:30

Meg Kinnear

Coffee break: 10:30 – 10:45

Group 1: 10:45 – 12:00
The Control Function of Article 52: A Comparative View

It is generally assumed that arbitration, as a private mode of decision, requires some controls against moral hazard; the Article 52 procedure is ICSID’s control mechanism. How does it compare to other public and private international arbitral systems and the array of national arbitration experimentation? In view of the questions raised about the continued viability of the Article 52 procedure, the panel will consider what ICSID might learn from comparative research.

Albert Jan van den Berg (chair)
Emmanuel Gaillard
Jan Paulsson

Group 2, lunch panel: 12:30 – 1:45
The Grounds for Annulment: Are They Being Misapplied?

ICSID’s Article 52 provides five grounds on which a party may request annulment of an award by an ad hoc Committee. Originally intended to be an “extraordinary remedy,” the Article 52 procedure has almost become a staple of the arbitral process. This panel will discuss whether Article 52’s grounds for annulment are being misapplied by parties, ad hoc Committees, or both.

Lucy Reed (chair)
Gabriel Bottini
Jonathan Hamilton
Michael Nolan
David Rivkin

Group 3: 2:00 – 3:15
Revision or Appeal: The Question of Scope

In arbitral theory, “review” by courts is confined to confirming the integrity of the extrinsic features of the arbitral procedure, by contrast to “appeal,” in which a court may inquire into the substance of the decision. An ad hoc Committee is not a national court and one of the grounds in Article 52 relates to the reasons for an award, a ground absent in Article V of the New York Convention. Will the ICSID system better serve international investment law if ad hoc Committees are encouraged to evolve into appeal instances, as some recent Committees may have done, or should this incipient development be arrested?

Guillermo Aguilar-Alvarez (chair)
Stanimir A. Alexandrov
Silvia Marchili
Ruth Wedgwood

Coffee break: 3:15 – 3:45

Group 4: 3:45 – 5:00
The Way Forward: Are There Feasible Alternatives?

Are there preferred alternatives to Article 52’s review and annulment procedure? What are they and what adjustments in ICSID’s procedures or in the Convention itself might be required? This panel will discuss what feasible alternatives to the current annulment procedure might look like and what it would take to achieve them.

Stephen M. Schwebel (chair)
Yas Banifatemi
Donald Francis Donovan

Wine and cheese reception: 5:00 – 7:00