Yale International Arbitration Breakfast Roundtables

Started in 2012 by Professors Daniel Markovits and Owen Fiss, the Yale International Arbitration Breakfast Roundtable series promotes the academic study of emerging trends in the field of investment arbitration with particular concentration on cases involving Latin American countries in a format designed for practicing lawyers . In April 2012 the presenters focused on contextualizing the growing importance of Latin America in international investment arbitration considered in terms of annulments, multi-party arbitration, and corruption or fraud. In April 2013 the focus will be shifted to the interplay of distinct, competing paradigms for international investment dispute resolution. The focus in 2014 is on the future of international investment arbitration in Latin America. Continuing Legal Education credit is available for participants registered with the New York Bar. For more information on the Institute or to register for the next event, please contact Bradley.Hayes@yale.edu.


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


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).

We are pleased to announce the next event of the Yale Institute of International Arbitration. We are holding a roundtable discussion for lawyers in Latin American practice on Tuesday, April 2, beginning at 8:20 a.m. (EDT). Anthea Roberts of the London School of Economics and currently visiting professor at Columbia Law School will present her recent paper examining the competing paradigms for international investment dispute resolution, which will be followed by responses by Alec Stone Sweet of Yale Law School, José Alvarez of NYU School of Law, William Park of Boston University School of Law, Janet Whittaker, who recently returned to Simpson Thacher after serving as Legal Counsel for the ICSID, and Jonathan Hamilton, Partner and Head of Latin American Arbitration at White & Case. Links to the background reading and speaker biographies are below.

Simpson Thacher will host the event at its New York offices located at 425 Lexington Avenue. The event will be simulcast via videoconferencing to Simpson Thacher’s Washington offices located at 1155 F Street, N.W., White & Case's Miami offices at the Southeast Financial Center located at 200 South Biscayne Boulevard, Suite 4900, Simpson Thacher’s São Paulo offices at Av. Presidente Juscelino Kubitschek, 1455, 12th Floor, Suite 121, and the law offices of Carey y Cia located at Isidora Goyenechea 2800, Piso 43, in Las Condes, Santiago de Chile. Doors will open at 7:45 a.m. New York time for registration and a breakfast buffet. The presentations will begin at 8:30 a.m., following which questions will be taken from participants at each location. The event will conclude at 10:00 a.m. Participants at U.S. locations registered with the New York Bar Association may be eligible to receive 1.5 Continuing Legal Education credits. To register or obtain more information, contact the program coordinator Bradley Hayes by phone at 203-436-3534 or by email at bradley.hayes@yale.edu.


Anthea Roberts, "Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System."

William W. Park, "The New Face of Investment Arbitration."

José E. Alvarez, "Beware: Boundary Crossings."

Speaker bios:

Anthea Roberts is a Senior Lecturer at the London School of Economics who is a Visiting Professor of Law at Columbia Law School for 2012-13. Her field of expertise is public international law with a particular focus on investment treaty law and arbitration, international dispute resolution, comparative international law, international law before national courts, and the sources of international law. She studied at the Australian National University, the University of Oxford and NYU School of Law. She served as a Clerk for Chief Justice Murray Gleeson at the High Court of Australia and as an Intern for Judge Bruno Simma at the International Court of Justice before spending five years as an Associate in the International Dispute Resolution Group at Debevoise & Plimpton LLP in New York and London.

More at http://www.law.columbia.edu/fac/Anthea_Roberts.

Janet Whittaker is Counsel at Simpson Thacher & Bartlett LLP and is a member of the Firm’s Litigation Department. Ms. Whittaker’s practice focuses on international arbitration and litigation. She has represented clients in several jurisdictions and across a wide range of industries, including in the energy, infrastructure, insurance and water sectors. Ms. Whittaker has acted as counsel in commercial and investment treaty arbitrations under the major arbitration rules and ad hoc. Her engagements have included representing Agua y Saneamientos Argentinos S.A. in U.S. federal court litigation, defending the Dominican Republic in ICC and UNCITRAL arbitrations and representing General Electric and Bechtel in commercial and investment treaty arbitrations in connection with the multi-billion dollar Dabhol Power Project in Maharashtra, India.

More at http://www.stblaw.com/bios/JWhittaker.htm.

José Enrique Alvarez is the Herbert and Rose Rubin Professor of International Law at New York University School of Law. Prior to coming to NYU, he was the Hamilton Fish Professor of International Law and Diplomacy and the executive director of the Center on Global Legal Problems at Columbia Law School, a professor of law at the University of Michigan Law School, an associate professor at the George Washington University's National Law Center, and an adjunct professor at Georgetown Law Center. At NYU he teaches courses on international law, foreign investment, and international organizations. He served as President of the American Society of International Law (ASIL) from 2006-2008 and is co-editor in chief, along with his NYU colleague, Benedict Kingsbury, of the American Journal of International Law.

More at https://its.law.nyu.edu/facultyprofiles/profile.cfm?section=bio&personID....

Jonathan C. Hamilton is Partner and Head of Latin American Arbitration with the global law firm of White & Case. He is a leading authority on foreign investment and international dispute resolution. His practice group is ranked Tier One in Latin America, the US and globally, and described as "pioneering", "pre-eminent", "elite", "formidable" and "a powerhouse at the forefront of Latin American international arbitration."

More at http://www.whitecase.com/jhamilton/#.UVGnAzc1Vjg.

William (Rusty) Park is Professor of Law at Boston University. His practice and teaching focus on international financial and commercial transactions.After studies at Yale and Columbia, Park practiced law in Paris for several years before returning home to Boston, where he teaches courses in tax, banking and international business transactions. He has served as Director of Boston University’s Center for Banking Law Studies and has held visiting academic appointments at the universities of Cambridge, Dijon, Hong Kong, Auckland and Geneva, as well as the Fletcher School of Law and Diplomacy.

More at http://www.williamwpark.com/.

Alec Stone Sweet is the Leitner Professor of International Law, Politics and International Studies at Yale Law School, where he works in the fields of comparative and international politics, comparative and international law, and European integration. His most recent book is A Europe of Rights: The Impact of the ECHR on National Legal Systems (2008). Other books include The Birth of Judicial Politics in France (1992), European Integration and Supranational Governance (1998), Governing with Judges (2000), The Institutionalization of Europe (2001), The Politics of Delegation (2002), On Law, Politics, and Judicialization (2003), and The Judicial Construction of Europe (2004). Prior to coming to Yale, he was Official Fellow, Nuffield College, Oxford, and has held visiting professorships in universities in Aix-en-Provence, Florence, Madrid, Paris, Stockholm, and Vienna. He is presently engaged in a long-term project on the development of (private, a-national) systems of governance for transnational business.

More on Alec Stone Sweet.