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5.1. Investment Arbitration: How to Ensure Fair Play Between Foreign Investors and Host States?

Thursday, 17 May
09:45 - 11:30

Hall #7, General Staff Building (6-8, Dvortsovaya sq.)

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Investment arbitration is the most frequently used method of resolution of the disputes between foreign investors and host states. Most of the bilateral and multilateral investment treaties give investors access to international arbitration in case of failures of the states to provide adequate protection of foreign investments. As UNCTAD reported, by 2017 the number of claims of investors against states has amounted to 767.

At the same time, the existing system of protection of foreign investments is currently challenged with the recent geopolitical events: the US plan to renegotiate the provisions of NAFTA and withdrew from Trans-Pacific Partnership (TPP), the European Union considers establishment of permanent investment court etc. One can hear more often today the concerns about how to maintain balance between regulatory powers of states (environmental protection, public health, national security) and their obligations under investment treaties to protect foreign investments?

These trends flag that the existing system of protection of foreign investments faces critical time. Nowadays, it is crucial more than ever to agree on the rules of fair play that will be suitable for all actors.

The session will gather Russian and international investment arbitration practitioners, arbitrators and representatives of state bodies.

The panelists will discuss:

  • Which role can play investment treaties in stabilizing investment policy of the state?
  • What may the future hold for Investor-State Dispute Settlement system? Is there a better mechanism than investment arbitration?
  • How to ensure balance between the legitimate expectations of foreign investors and states’ regulatory powers?
  • The overview of the recent topical investment arbitration awards.

Moderator

Anna Kozmenko

Senior Associate, Schellenberg Wittmer

Speakers

Mohamed Abdel Wahab

Founding Partner, Zulficar & Partners Law Firm,

Aliona Bitkivskaja

Associate Counsel, Singapore International Arbitration Centre

Eric Bloom

Partner, Winston & Strawn LLP

Eva Kalnina

Counsel, Levy Kaufmann-Kohler

Maxim Kulkov

Managing partner, Kulkov, Kolotilov & Partners

Christer Soderlund

Senior counsel, Morssing & Nycander AB, Sweden

Brigitte Stern

Emeritus Professor, Universite Pantheon-Sorbonne

Francis Xavier

Regional Head of Dispute Resolution, Rajah & Tann Singapore LLP

Biography

Areas of expertise: international arbitration, treaty arbitration, commercial litigation, banking and finance disputes, energy and resources

Образование, опыт работы:

Till present

Head, Disputes Practices

Till present

the Chairman of the Singapore CiArb

Till present

Party-nominated arbitrator of a Mauritius entity in a bilateral investment treaty (ICSID) dispute with the Government of India

Till present

Counsel for an Asean government, ICSID

2009

Senior Counsel, Disputes Practices

Дополнительная информация:

Mr. Xavier's area of expertise are corporate and commercial disputes especially in the areas of corporate, banking, property, financial and investment related claims and aviation law

He is a Chartered Arbitrator and is also on the Panel of Arbitrators of the Singapore International Arbitration Centre, the Kuala Lumpur Regional Centre for International Arbitration, the Kigali International Arbitration Centre (Rwanda) and the CiArb (UK) Panel of Arbitrators

Francis Xavier currently holds the following appointments: Chairman, Listings Appeals Committee, Singapore Stock Exchange; Chairman, Singapore Branch of the Chartered Institute of Arbitrators (UK); Jurisdictional Council Member representing Singapore, Inter Pacific Bar Association; Deputy Chairman of the Law Society Inquiry Panel; Member, Council of Law Reporting, Singapore Academy of Law; Member, Users’ Council, Singapore International Arbitration Centre; Faculty member, Approved Faculty List of the Chartered Institute of Arbitrators (UK).

His qualifications: Senior Counsel, Supreme Court of Singapore; Solicitor, Supreme Court of England and Wales; Chartered Arbitrator, CiArb; Fellow, Chartered Institute of Arbitrators , UK; Fellow, Singapore Institute of Arbitrators; Fellow, Singapore Academy of Law; Fellow, The Malaysian Institute of Arbitrators; Panel of Arbitrators, Singapore International Arbitration Centre; Panel of Arbitrators, Singapore Institute of Arbitrators; Panel of Arbitrators, Kuala Lumpur Regional Centre for Arbitration; Panel of International Arbitrators, Kigali International Arbitration Centre, Rwanda.


* The Programme may be subject to change