Looking at all forms of dispute resolution worldwide
INTERNATIONAL COMMITTEE WORKSHOP APRIL 6th 2013
Fairmont Chicago Millennium Park
200 North Columbus
Chicago, IL 60601
A Window into the Future:
Adding Mediation to the Process Choices in Global Investment Disputes
Conference Registration includes the International Workshop. If you will only be attending the International Workshop the registration fee is $110. Click Here To Register for this Event.
Dear Friends and Colleagues,
As in previous years, the International Committee (“IC”) has organized an additional workshop to the Dispute Resolution Section’s annual Spring Meeting. This year’s workshop will begin with a morning session that will include an overview of international ADR and investor-state disputes by Prof. Frank Fleerackers of the High Council of Justice, KU Brussels University – HUB, Brussels Bar Association (Belgium), followed by presentations of the International Committee’s projects its interests. The bulk of the day will be dedicated to the theme of investment treaty arbitration: why and how mediation could be integrated into such processes. We are grateful to Mariana Hernandez-Crespo and Susan D. Franck the co-chairs of this workshop, who have brought together an outstanding panel of international experts in the field, including academics, users, practitioners, arbitrators and mediators from around the world. The overall goals of their workshop will be to:
1) provide participants with an understanding of the current system of investor treaty arbitration, its pressure points and controversies, and the value of adding mediation;
2) review the International Bar Association’s Mediation Rules;
3) promote audience consideration of what steps—procedural, lawyering, etc.— are necessary to add mediation as process; and
4) consider what barriers and concerns must be addressed in order to properly engage all stakeholders—including small states and small investors -- in cross-border investment disputes.
The details of the program are as follows:
09:15 am – 10:30 am International Committee Opening Session
1. Welcoming remarks [Lorraine Brennan / Jeremy Lack]
2. Opening Comments: “International ADR and legal thinking: challenges and opportunities in cross-border disputes,” [Prof. Frank Fleerackers, High Council of Justice, KU Brussels University – HUB, Brussels Bar Association (Belgium)]
3. Presentation of Current Committee Projects
a. Future of International ADR [Peter Kamminga / Paola Cecchi Dimeglio]
b. ADR Systems Design Project for International Disputes in Trusts and Estates Matters [Lorraine Lopich]
c. Organizing Quarterly International Committee Webinars [Hagit Shaked]
d. Creating a virtual secure web based meeting place for international ADR practitioners, resources, clients and specialty interdisciplinary tools [Larry Bridgesmith]
e. International Questionnaire on Mediation, Arbitration and other forms of ADR [Koschina Marshall]
4. Discussion of the International Committee’s Program for 2013-14
5. Asia Pacific Mediation Leadership Summit (Hong Kong, October 2013)
10:30 am - 11:00 am Coffee Break (30 minutes)
11:00 am – 12:30 pm Session I: Introduction to the Topic & Case Studies
A panel of experts will first introduce the doctrine of investment treaty dispute resolution and provide data on its current use, particularly within the context of arbitration. The panel will explore case studies to consider the historical use of investment treaty arbitration and the procedural, legal and public policy issues that have arisen as use of the process has increased.
1. Introduction to Panel – Mariana Hernandez-Crespo
2. Understanding Investment Treaty Disputes: An Overview – Susan Franck
3. Case Study: The Need to Avoid the Adjudicative Mindset and Getting the Proper Parties in the Room – Jeremy Lack
4. Case Study: Argentina, Dispute Resolution Options and Procedural Justice – Andrea Schneider and Nancy Welsh
5. Summing Up: Why the Current State of Investment Treaty Arbitration Matters –Mariana Hernandez-Crespo
12:30 pm – 2:00 pm Legal Educators Colloquium Lunch (tickets sold separately)
2:15 pm – 3:30 pm Session II: IBA International Mediation Guidelines and Role Play
The panel will introduce the International Bar Association's recently-adopted mediation rules for investor-state disputes and, with a role play, demonstrate a case management process in which the parties determine how the mediation should be structured, who should participate and how, the role of the mediator, other procedural issues including confidentiality, caucuses and agenda setting, as well as the relationship between mediation and arbitration.
1. Providing a New Tool to Create New Remedies: The International Bar Association project on Mediation in Investment Treaty Disputes – Anna Joubin-Bret
2. Introduction to the Simulation – Susan Franck
3. The Simulation: A Day in the Life of a Mediation Case Management Conference
a. Co-Mediators: Mariana Hernandez-Crespo and Jack Coe
b. Investor and Investor’s Counsel: Silvia Constain and Jeremy Lack
c. Respondent and Respondent’s Counsel: Vilawan Mangklatanakul and Anna Joubin-Bret
3:30 pm- 4:00 pm Coffee Break
4:00 pm – 5:15 pm Session III: Analysis and Discussion of Future Techniques in Global Investment ADR
The panel will use the role play and break-out sessions to engage the workshop participants in evaluating the IBA Mediation Rules and examine some of the advantages and disadvantages of using mediation in this context, the likelihood that parties will volunteer to use mediation, the models of mediation that will be appropriate and under what circumstances, the issues that can be addressed, the number of parties that can be involved, the role of the mediator, the role of the lawyers and parties, and the legal and public policy implications of integrating mediation. Conference participants and the faculty will engage in a dialogue designed to explore the support that parties will need to make appropriate and advantageous use of mediation in the investment treaty a context.
1. Breakout Session #1: Evaluating the IBA Rules – Anna Joubin-Bret as Moderator
2. Breakout Session #2: Consideration of the Future: Exploration of future market for investment dispute conflict management, dispute systems design, procedural justice, mediation and other alternatives – Nancy Welsh as Moderator
3. Group Discussion – Andrea Schneider as Moderator
4. Conclusion – Mariana Hernandez-Crespo
5:15 pm – 5:30 pm Closing Remarks
Please make sure you sign up to attend this event ASAP if you wish to be sure to have a place on this program as there may be limited seating available for this workshop. Attendance is free of charge to ABA members attending the Spring Conference. Participants will be able to attend the Legal Educators Colloquium Lunch, for which tickets must be bought separately.
We look forward to seeing you in Chicago next April, and in particular at the IC’s April 6th workshop, where will be discussing state of the art issues in international dispute resolution and how to integrate mediation into arbitration in complex investor-state disputes with a unique panel of experts.
Lorraine Brennan Jeremy Lack
IC Co-Chair IC Co-Chair
New York, USA Geneva, Switzerland