Having to cope with countless and increasingly complex proceedings while continuously being the subject of heated debate in the midst of public opinion, the evolving field of investment law and arbitration presents an abundance of challenges in its interpretation and application. Please join us debating these common challenges of academics and practitioners.
The 2nd Bucerius Law School Conference on Investment Law and Arbitration featuring Dr. Yas Banifatemi and Professor Dr. Kaj Hobér as its Honorary Patrons will take place at Bucerius Law School on 2 and 3 April 2022. The conference is part of the Hamburg International Arbitration Days.
Investment law and arbitration are the workhorses of international economic law. They are heavily relied upon around the globe and have to cope with the demands of countless and increasingly complex proceedings. At the same time, they regularly are the subject of a heated debate in the midst of public opinion. Both of these factors have led to the field of investment protection being a focus of the international legal community and subject to continuous changes. Therefore, investment protection presents an abundance of challenges in its interpretation and application. While these problems are often deeply rooted in the doctrinal foundations of international law, they similarly surface during arbitral proceedings.
Please join our great panelists and moderators in debating these common challenges of academics and practitioners.
Corona restrictions: 2G+ rules apply (i.e. participants must be vaccinated or recovered; additionally, they must have a certificate of a negative result of an antigen test; however, persons who have already received their third jab (booster) do not have to submit a test result).
Fees: EUR 10 per conference day, EUR 15 for both days (waivable upon request for students and trainee lawyers)
Registration
Registration deadline Donnerstag, 31.03.2022
For further details on the event as well as the registration, click here.
Agenda
Opening Speech by Kaj Hobér
Personen
- Professor Dr. Kaj Hobér
Investment Treaties and Challenges in Their Interpretation
Details
- Fiscal Sovereignty and Investor-State Dispute Settlement
(Pratyush Panjwani) - In solidum Liability and Scope of Waiver of “Other Proceedings” under International Investment Agreements
(Mohamed S. Elzomor and Mohamed A. El Sherif) - Shareholders Protection under Investment Arbitration
(Tilbe Birengel) - Moderator: Kaj Hobér
Lunch Break
No further details are available for this agenda item.
Enforcement of Human Rights and Sustainability Goals
Details
- Legitimisation through Participation: Can Amicus Curiae Cure the Sustainable Development Wounds of ISDS? (Lena Hornkohl and Arman Melikyan)
- In Favour of Counterclaims by Hosts States in International Investment Proceedings (Carlo de Stefano)
- Reimagine Eco Oro v. Columbia in Light of Reformed Investment Treaties: Winds of Change? (Laura Létourneau-Tremblay)
Moderator: Susanne Schwalb
Coffee Break
No further details are available for this agenda item.
The Future of Investment Arbitration in the European Union
Details
- New Frontiers of Investor-State Arbitration: The New EU Green Energy Deal and the EU as a Future Respondent under the Energy Charter Treaty (Aikaterini Florou)
- Reconsideration of Intra-EU Decisions in Investment Arbitration: Is the Komstroy Judgment Enough? (Ivan Levy)
- EU’s Role in Regulating Public Political Risk Investment Insurance (Nataša Vujinović)
- Foreign Investors’ Access to Judicial Review in the Investor-State Disputes Regarding the EU FDI Screening (Yang Wan)
- Moderator: Martin Metz
Dinner Buffet & Drinks
No further details are available for this agenda item.
"Domestic" Law Issues in the International Investment Law Regime
Details
- The Rules on the Service of Process on a Foreign State (Jonathan Brosseau)
- EU Law as a Matter of Fact: The Implementation of Domestic Law Clauses in EU Investment Agreements (Bianca Böhme)
- Procedural Challenges in Investment Arbitration: The Standard of Proof for Corruption (Lilit Nagapetyan)
- Moderator: Yas Banifatemi
Coffee Break
No further details are available for this agenda item.
Arbitrator Appointments: Challenges and Developments
Details
- To Disclose or Not to Disclose: Addressing Conflicts of Interest in Investment Arbitration through Zero-Knowledge Proofs (Nihan Kır)
- Party Appointments and Unconscious Bias in Investment Arbitration (Sanjana Sharma)
- Practice and Theory (or Lack Thereof) of Arbitrator Appointment: Balancing Strategy, Rules, and Standards (Agata Daszko)
- Moderator: N.N.
Lunch Break
No further details are available for this agenda item.
Addressing Efficiency and Structural Parity: Procedural Reforms
Details
- Structural Challenges in Investor-State Meditation and How to Address Them (Gerlind Wolf)
- Procedural Discretion in Investment Arbitration (Hannah Grandits)
- The Emerging Regulation of TPF in ISDS: A Snapshot of the Reform Efforts of ICSID, UNCITRAL, and the European Union (Anton Burri)
- Moderator: N.N.
Closing Remarks by Yas Banifatemi
Personen
- Dr Yas Banifatemi
Optional Post Conference Event
Details
TBA / not included in conference fees
Personen
Professor Dr. Kaj Hobér
Associate Member of 3 Verulam Buildings
Dr Yas Banifatemi
Founding Partner at Gaillard Banifatemi Shelbaya Disputes
Pratyush Panjwani
Senior Associate at Hanotiau & van den Berg
Mohamed S. El-Zomor
Associate at Matouk Bassiouny & Hennawy
Mohamed A. El Sherif
Junior Associate at Matouk Bassiouny
Tilbe Birengel
Associate at Erdem & Erdem
Susanne Schwalb
Partner at CMS
Dr. Lena Hornkohl
Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law
Arman Melikyan
Research Fellow at the Max Planck Institute for International, European and Regulatory Procedural Law
Dr. Carlo de Stefano
Lecturer and Post-Doc Researcher at Roma Tre University
Laura Létourneau-Tremblay
Doctoral Researcher at PluriCourts
Dr. Martin Metz
Senior Legal Counsel and Investment Manager at Omni Bridgeway
Aikaterini Florou
Adjunct Assistant Professor at The Fletcher School at Tufts University
Ivan Levy
Legal Manager at Morgan Lewis & Bockius LLP
Dr. Nataša Vujinović
Executive Assistant to the Managing Director at Institute for Digital Law Trier
Yang Wan
PhD candidate at the University of Cologne and Greater China Representative at Houthoff
Jonathan Brosseau
PhD Candidate at the Université Paris 1 Panthéon-Sorbonne
Bianca Böhme
Research Associate and PhD Candidate at the Europa-Institut in Saarbrücken
Lilit Nagapetyan
PhD candidate and a Teaching Fellow at the School of International Arbitration, Queen Mary University of London
Nihan Kır
Current LL.M. candidate in International Dispute Settlement (MIDS)
Sanjana Sharma
Indian qualified lawyer with a Masters in International Dispute Settlement (MIDS)
Agata Daszko
Research Fellow at University of Göttingen
Gerlind Wolf
Associate at Hengeler Mueller
Hannah Grandits
PhD student at the University of Vienna
Anton Burri
PhD candidate at the University of Lucerne and Erasmus University Rotterdam
Hosts
Location
Kontakt
Bucerius Law School, Moot Court (Raum 1.21)
Adresse
Jungiusstraße 620355 Hamburg