Basel Winter Arbitration School 2026

Teaching Platform for the Basel Winter Arbitration School 2026

Reiter

REFLECTIVE JOURNAL: You find the group compositions here (for in-person participants only; for online participants, we will create randomized break-out rooms).

Basel Winter Arbitration School
2-6 February 2026

You can find the programme of the Basel Winter Arbitration School (as of 25 January 2026) here.

Participants list: You find the list of the participants of the BWAS 2026 here.

We will be using Zoom for the online format of the school.

  • We kindly ask you to switch on your camera during the classes.
  • Please make sure that you are in a place where you can speak in order to actively participate in the discussions.
  • Please indicate your real first and last name when joining.
  • We will open the Zoom room 10 minutes before the start of the opening lecture, classes and keynote lecture respectively.

Zoom rooms:

  • Zoom login for all classes from Monday to Friday (please disregard the date/time indicated in the Zoom room; this room will be used for all classes during the entire week, except for the opening and closing keynotes): https://unibas.zoom.us/j/66433366905
  • Please use the following link to register in advance for the opening keynote on Monday, 2 February 2026:
    • registration: https://unibas.zoom.us/meeting/register/chi1MP63SOmIl361edwpzA
    • The lecture will start at 17:30 CET. You can only log in if you registered in advance.
  • Please use the following link to register in advance for the closing keynote on Friday, 6 February 2026:
    • registration: https://unibas.zoom.us/meeting/register/p3BMH8YBTNucymyWurZ7dQ
    • The lecture will start at 15:15 CET. You can only log in if you registered in advance.

Opening Reception (Monday, 2 February 2026, 17h30 CET)

  • Place: VISCHER law firm
  • Address: Aeschenvorstadt 4, 4051 Basel
  • How to get there:
    • The venue is located in the city center.
    • If you stay in the city center, you can go there by foot.
    • You can reach the place by using public transportation (tram to "Bankverein").

Classes and Coffee Breaks (Monday to Friday, 2-6 February 2026), Keynote and Final Reception (Friday, 6 February 2025)

  • Place: Alte Universität, Room-101
  • Address: Rheinsprung 9, 4051 Basel
  • How to get there: Take the tram/bus or walk to the stop "Schifflände", from there it is a 1-minute walk (take the very steep small street and you will find the location on the left-hand side).

You find the Arbitration LAB School Regulations (as of 10 March 2025) here.

  • WLAN at the Alte Universität: 
    • unibas-visitor: instructions; log in "unibas-visitor", then launch your internet browser; you should be directed to the landing page; click on "Continue here", then follow the instructions.
    • eduroam: for participants enrolled at a European university, you may use the eduroam network.
  • WLAN in the city: If you stay at a hotel, you will receive the Basel Card, which provides you with access to the Guest WiFi Basel.
  • If you stay in a hotel, you usually get the Basel Card with which you can use public transport and city WiFi for free.
  • Otherwise, you can buy a ticket at the ticket machines located at every tram or bus station. Generally, you need a single fare ticket, second class, adult, full fare, for 1 zone (CHF 4.20); there is a cheaper ticket (CHF 2.60) for short distances ("Kurzstrecke", max. 4 stops).
  • Bus: take Bus 50 from the airport to Basel "Bahnhof SBB" (terminal station); there you find all the tram and bus connections to reach your destination.
  • Ticket: 3-Zonen-Ticket (ticket machine at the bus station), adult full rate, CHF 6.60.

There are several options close to the Old University ("Alte Universität") to get lunch or to buy food for dinner/cooking.

  • Water: Please bring your own (refillable) water bottle - all tap water in Basel is of drinking quality!
  • Groceries: "Migros" and "Coop" are the two big supermarket chains in Switzerland; they have food to go. You can find both supermarket chains near the "Alte Universität".

Basel

Basel Area

  • Hiking: Wasserfallen is a hill close to Basel. You can either walk or use the cable car. Depending on the snow conditions, you can rent a sledge and enjoy a ride downhill. There are also hiking options, with or without snow shoes; winter sports equipment can be rented there (mountain station). To go there: train from Basel “Bahnhof SBB” to “Liestal”. From “Liestal” take bus 70 to the “Reigoldswil Dorfplatz” stop. From Dorfplatz follow the marked footpath (10 minutes) to the valley station of the cable car.
  • Culture outdoors: Ermitage and Goetheanum in Arlesheim, Ruinen Wartenberg in Muttenz, Skulpturenpark - Kloster Schönthal.
  • Culture indoors: Vitra Design museum in Weil am Rhein (Germany); quite close to the city center of Basel.

Switzerland

  • Bern: The capital of Switzerland Bern is located close to the Alps. On a sunny day, you can see an impressive alpine panorama, including the famous trio "Eiger, Mönch and Jungfrau”. Bern has a very special and picturesque medieval city center.
  • Lucerne: Small, but beautiful city located next to lake Vierwaldstättersee. From Lucerne you can take a ship on the lake to Weggis, from where you take the cable car to Rigi, a mountaintop, 1797 meters above sea level.
  • Thun: Also rather small but very beautiful lakeside city, well connected by train and conveniently located a bit closer to the Alps than Bern and Lucerne.
  • Engelberg/Mount Titlis: Another marvelous mountaintop (3238 m), accessible by cable car, with a beautiful view over the Swiss Alps and also the possibility to go skiing. Take the train to Engelberg.

Social Activities: For every day of the school, the organizers propose one or several social activities allowing the participants to meet and get to know the city of Basel. These activities are optional and - except for the city tour on Tuesday - at the expense and risks of the participants; they do not form an official part of the program.

WhatsApp Group: The following WhatsApp group serves as a communication and coordination channel: link. Please join if you feel like being in touch with the other participants.

Museum visit - exhibition about Basel Carnival (during the day) and drinks at Blaupause Bar (from 19:00) (optional, no-host, at the participant's costs and risks)

  • Every first Sunday of the month, and thus on Sunday, 1 February 2026, all museums in Basel offer free admission.
  • We recommend the exhibition about the Basel Carnival, which is listed as a UNESCO cultural world heritage, at the Museum der Kulturen. The Basel Carnival is a major annual event with a rich tradition deeply rooted in history. Every year, it attracts tens of thousands of spectators from Basel and across Switzerland and the world. The permanent exhibition “Basel Carnival” takes visitors into a historical suite of rooms abounding with the unmistakable atmosphere of carnival. Accompanied by the typical sound of piccolos and drums, visitors proceed from room to room. These are richly furnished with mostly historical artifacts that lend the Basel carnival its typical guise.
  • Afterwards you can meet up for drinks at Blaupause Bar

After the reception at VISCHER AG, there is the option to have a drink at L'Atelier, Elisabethenstrasse 15, 4051 Basel (optional, no host).

Guided city tour (optional, hosted)

  • The starting point of the walking tour is close to the "Barfüsserplatz" at "Lohnhof", Im Lohnhof 8 in Basel.
  • The tour starts at 18:30 sharp.
  • The theme of our tour is "Witchcraft and Pact with the Devil: Witch-Hunts in Basel".

Kunstmuseum Basel - Art Museum Basel (free admission between 17:00-20:00, optional, no-host, at participant's own risk)

  • You can reach the museum by public transport: from "Bahnhof SBB", take tram 2 in the direction of "Eglisee/Badischer Bahnhof" and get out at "Kunstmuseum" (approx. 4 min).
  • The general exhibition is free on Wednesday evenings from 17:00-20:00.
  • Temporary exhibitions are also free for our group; we meet at 17:00 at the Kunstmuseum (more information will be provided through our WhatsApp group on Wednesday, 4 February 2026).
  • Afterwards, you can meet up at Flanagans Irish Pub, which is located right next to the museum.

Drinks with a view at Amber Bar (optional, no-host, at participant's costs and risks)

  • 18:30 at Kaserne Basel, Amber Bar 
  • To get there, take public transportation (e.g. tram 8 in the direction of "Weil am Rhein", get out at "Kaserne")
  • For more information about the bar, please visit their website

Goodbye drinks at Grenzwert Bar (optional, no host, at participant's costs and risks)

  • After the closing reception, you can meet up for goodbye drinks at the bar Grenzwert Bar.

Visit to the Vitra Design Museum or trip to the Swiss mountains (recommended optional, no-host, at participant's cost and risks).

  • Participants - individually or in groups - can submit up to three pictures that capture "The Spirit of the BWAS" for our photo competition.
  • Online participants are particularly encouraged to submit images that give us their perspective on the BWAS 2026.
  • Please upload your photos here.
  • Please caption your picture(s) with your surname(s).
  • The deadline for submission is Thursday, 5 February 2026, 12h00.
  • The winner will be announced at the end of the BWAS.

Information and teaching materials

  • Below you find information and teaching materials for all classes of the BWAS as well as information regarding the opening and keynote lectures.
  • The teaching materials can be accessed in the following way:
    • If you want to download a specific item, please click on the respective link and open it in a separate tap; click the black button "Datei herunterladen".
    • If you prefer downloading all materials of one kind in one go (e.g. all rules or all readings), please scroll to the bottom of this page where you find the respective folders. Once you have accessed the folder, you can download one item per item or you download all by clicking on "Aktionen" > "Mehrere Objekte herunterladen".

Preparation and mandatory readings

  • Readings
    • For each class, we indicate the readings that you should have completed before the class; they are flagged as "mandatory readings".
    • Please note that the speakers assume that you have read the materials flagged as "mandatory readings".
    • In addition, you may also read the materials flagged as "optional readings". While this is not mandatory, it may greatly enhance your understanding of the respective topic.
  • Rules
    • As a general rule, there is no need to read the rules before the class. Rather, the documents comprising rules are a working tool for the students.
    • Exceptionally and only where explicitly required to do so, you are requested to read the rules.

Prof. Dr. Dr. h.c. Anne Peters, LL.M. (Harvard)
Prof. Dr. Dr. h.c. mult. Anne Peters, LL.M. (Harvard) is Director at the Max Planck Institute for Comparative Public Law, Titular Professor at the University of Basel, Honorary Professor at the University of Heidelberg and the Free University of Berlin, L. Bates Lea Global Law Professor at the University of Michigan Law School, and Global Law Professor at Peking University. She is a member of the German Federal Government’s Advisory Council on International Law, the Permanent Court of Arbitration, and the Institute de Droit. Anne Peters was a member (substitute) of the Venice Commission (European Commission for Democracy through Law) for Germany (2011-2015) and legal expert for the Independent Fact-Finding Mission on the conflict in Georgia (2009). Born in Berlin in 1964, Anne studied at the universities of Würzburg, Lausanne, Freiburg, and Harvard, and held the chair of public international law at the University of Basel from 2001 to 2013.

Ever More Transparent? A History of International Arbitration
In the course of the 20th century, arbitration has emerged and spread as an attractive means to settle disputes that cross state boundaries, among commercial actors, among states, and between investors and their host states. One of the hallmarks and advantages is the confidentiality of arbitration, as opposed to the publicity of court proceedings. It protects the reputation of the parties, shields business interests from competitors, and respects state secrets. However, such privatised settlement, removed from the public eye, is increasingly criticised. Arbitral proceedings, involving states, big business, or transnational investors, may affect public interest, ranging from environmental protection over labour rights or digital platform security. The lecture traces the evolution towards ever more transparency of arbitration, and discusses modalities for balancing the legitimate objectives of confidentiality against the openness needed to secure some form of accountability for the outcomes of arbitral proceedings.

Please use the following link to register in advance for the opening keynote on Monday, 2 February 2026:

  • https://unibas.zoom.us/meeting/register/chi1MP63SOmIl361edwpzA
  • The lecture will start at 17:30 CET, you can only log in if you registered in advance.
  • The Zoom room will open at 17:25 CET.

Mandatory Readings

  • Thore Neumann & Anne Peters, "Transparency", in Hélène Ruiz Fabri (ed), Max Planck Encyclopedia of International Procedural Law (OUP), last updated June 2019. Paras 4, 15, 26, 32, 45, 77 and 78 are mandatory readings before the lecture.
  • Charles H Brower II, "Arbitration", in Anne Peters (ed), Max Planck Encyclopedia of Public International Law (OUP), last updated February 2007. Paras 1, 5 and 9-41 are mandatory readings before the lecture. Please note that this is the same article as for Class 1 - see below.

Additional Readings

Rules: Compilation of Rules On Transparency: Opening Keynote, Rules, Transparency.

Slides: You find the slides of the Opening Lecture here. 

Prof. Dr. Yarik Kryvoi, LL.M. (Harvard)
Professor Yarik Kryvoi is the Senior Fellow in International Economic Law and Director of the Investment Treaty Forum at the British Institute of International and Comparative Law in London. He is also a member of the New York State Bar (USA). Before moving to academia, he practiced law with Freshfields Bruckhaus Deringer in London, Morgan Lewis & Bockius in Washington, DC and Baker & McKenzie in Saint Petersburg. He is currently engaged in a number of law reform and capacity building projects for the United Nations, governmental agencies and academic institutions. He is listed as an arbitrator by several institutions, including Hong Kong International Arbitration Centre, Asian International Arbitration Centre and Shenzhen Court of International Arbitration. He is also the founder of the CIS Arbitration Forum. Professor Kryvoi has authored a number of articles and monographs, primarily in the area of international dispute resolution and has also conducted several empirical studies in partnership with leading law firms. His recently published works include Private or Public Adjudication? Procedure, Substance and Legitimacy (Leiden Journal of International Law, 2021), International Centre for Settlement of Investment Disputes (Kluwer Law International, 2020). He is also creator and director of the online course International Investment Law and Dispute Resolution.

Readings

  • Yarik Kryvoi, "Key Concepts of International Arbitration", in Anna Petrig and Yarik Kryvoi (eds), The Anatomy of International Arbitration (Routledge 2026, forthcoming).
  • Charles H Brower II, "Arbitration", in Anne Peters (ed), Max Planck Encyclopedia of Public International Law (OUP), last updated February 2007. Please note that this is the same article as forthe Opening Keynote - see above.

Slides: You find the slides of Class 1 here. 

  1. Some disputes are excluded from arbitration due to their public nature. Where would you draw the line between arbitrable and non-arbitrable disputes, and what values or policy considerations should guide that line?
  2. The seat of arbitration determines the procedural framework and court supervision. Do you think parties should have complete freedom to choose any seat, or should there be minimum standards that restrict this choice? Explain your reasoning with reference to fairness and efficiency.
  3. Arbitration is built on party consent and autonomy. In your view, does this consensual foundation sufficiently justify the authority and legitimacy of arbitral tribunals, especially in disputes involving States or matters of public interest?  Explain your position. 

Judge Liesbeth Lijnzaad, LL.M. (Amsterdam)
Dr. Liesbeth Lijnzaad is a judge at the International Tribunal for the Law of the Sea (since 2017). She is a member of the Seabed Disputes Chamber, the Chamber for Summary Procedures as well as the Chamber for Maritime Delimitation Disputes of the Tribunal. She is a Member of the Permanent Court of Arbitration and a conciliator and arbitrator under Annexes V and VII of the Convention on the Law of the Sea. Previously, she was the principal Legal Advisor on Public International Law at the Dutch Ministry of Foreign Affairs, and head of its international law department (2006-2017). In her capacity as a government lawyer, Lijnzaad has been active in many fora, and has accumulated a wide range of experience in the practice of international law. As Legal Advisor she participated in the 6th Committee of the UN General Assembly, as well as the EU’s working group on Public International Law (COJUR) and the Comité Ad Hoc de Droit International (CAHDI) of the Council of Europe, both of which she has also chaired. She has acted as Agent for the Netherlands in cases before the International Court of Justice, the International Tribunal for the Law of the Sea, the Permanent Court of Arbitration, the International Criminal Court, as well as the US Supreme Court. Dr. Lijnzaad is also endowed Professor Practice of International Law at Maastricht University (since 2011). She is an occasional lecturer at the Dutch Academy for Government Lawyers (Academie voor Overheidsjuristen), at IBRU (the International Boundary Research Unit, University of Durham), and the Graduate Institute in Geneva (IHEID, Institut des Hautes Études Internationales et du Développement). She is the chair of the Supervisory Board of the T.M.C. Asser Institute in The Hague. Her research interests are amongst others the Law of the Sea, the Laws of Armed Conflict, Feminism, and International Law as well as the Sources of International Law.

Readings

Slides: You find the slides of Class 2 here. 

  1. Please comment on the following: Given the format and organizational structure of arbitration as well as the idea of party autonomy, it is unlikely that the ideal of diversity will ever be reached.
  2. Please comment on the following: The Appointing Authority is by law an impartial agent whose decisions on the appointment of arbitrators cannot be influenced.
  3. Please comment on the following: Given the lack of diversity and the slow change arbitration is not a career for me, because ... (or perhaps it is a career for you?).

Dr. Christopher Boog, FCIArb, FSIArb
Christopher Boog is Vice-Chair of the International Arbitration Practice Group at Schellenberg Wittmer and the Managing Director of the firm’s Singapore office. He splits his time between Zurich and Singapore. Chris represents clients in complex international commercial, investment and sports arbitration matters, and sits as arbitrator in civil and common law jurisdictions around the world under all leading arbitration rules. He is ranked as one of a small number of Global Elite Thought Leaders by Who’s Who Legal Arbitration recognizing lawyers “at the peak of the profession”. He is the 2020 recipient of the ASA Prize for Advocacy in International Commercial Arbitration, awarded every two years to international arbitration counsel to recognize exceptional advocacy. Chris is also a Vice-President of the Arbitration Court of the Swiss Arbitration Centre. Chris is described as “one of the best in the business”, an “outstanding and efficient arbitrator” who “in every respect is brilliant”, and “definitely a leader in the field” (Who’s Who Legal). According to clients and peers, he is “outstanding”, “just brilliant” and “one of the best advocates I have ever seen” (Who’s Who Legal). The same directory remarks that “Chris belongs among the best arbitration counsel of his generation.”

Readings: Christopher Boog and Quentin Chadanian, Arbitration at the Court of Arbitration for Sport, Practical Law UK Practice Note 9-518-3368

Rules: CAS Code 2023

Slides: You find the slides of Class 3 here. 

  1. Is arbitration (always) the right solution to solve sports disputes? What are the potential disadvantages (especially for athletes) compared to state court litigation?
  2. Should there be "open" lists of CAS arbitrators / not lists at all?
  3. Assuming that sports arbitration is different from commercial arbitration, should there be - in the Swiss arbitration law - provisions specific to sports arbitration? For instance, should the Swiss Supreme Court have a broader power of review of CAS awards?

Ignacio de Castro, LL.M. (King’s College London)
Ignacio de Castro is Director of IP Disputes and External Relations Division at WIPO Arbitration and Mediation Center in Geneva. Ignacio is a Spanish lawyer and an English solicitor. Ignacio holds an LL.M. degree from King's College London. Before joining WIPO in 2002, he practiced with the law firms Baker & McKenzie, London and Freshfields Bruckhaus Deringer, London in the areas of international arbitration and litigation. Ignacio is responsible for the administration of mediation, arbitration and expert determination cases filed with the WIPO Arbitration and Mediation Center and the development and promotion of WIPO alternative dispute resolution (ADR). This includes implementing ADR collaborations concluded with IP Offices and establishing alternative dispute resolution (ADR) procedures adapted to specific areas of intellectual property.

Readings

Slides: You find the slides of Class 4 here. 

  1. What in your opinion makes IP arbitration different compared to other forms of arbitration?
  2. What types of disputes can be submitted to the WIPO Arbitration and Mediation Center?
  3. Do you think that IP disputes are arbitrable? Consider in particular contractual IP disputes.

René Vargas
Mr René M. Vargas M. is the Registrar of the Administrative Tribunal of the International Labour Organisation. He holds an LL.M. in International Law from the American University in Washington D.C., is qualified to practice as a Lawyer and a Notary in his home country El Salvador, and is fully trilingual (English, French and Spanish). Mr Vargas joined the United Nations system in July 1997, as an Associate Legal Officer for the Joint Appeals Board (JAB)/Joint Disciplinary Committee (JDC), United Nations Office at Geneva (UNOG), after successfully seating the United Nations Young Professionals Program examination. In 1999, he moved to the Geneva Office of the United Nations Joint Staff Pension Fund where he worked for 12 years in different capacities and areas (benefits calculations, legal and pension scheme presentations). In March 2012, he returned to the United Nations system of administration of justice as Registrar of the United Nations Dispute Tribunal Geneva Registry. In November 2024, he assumed the functions of Registrar of the ILO Administrative Tribunal where he currently serves. During his 28-year career with the UN, Mr Vargas has also represented staff members before the JAB/JDC and served in UNOG as Chairperson of its Change Order Review Committee and its Committee on Contracts. Mr Vargas possesses a wide range of skills and experience in the administration of justice, court case management, UN rules in a wide range of areas (e.g., staff selection, procurement, benefits and entitlements), and Information Technology.

Readings

Rules: ILO, Statute and Rules of the Administrative Tribunal, 2021: Class 5, Rules, ILO Administrative Tribunal

Slides and printout: You find the slides of Class 5 here and the printout here. 

  1. Is the current system of access to justice within international organizations sufficient, or do we need other mechanisms to ensure accountability and fairness?
  2. What types of disputes are brought before international administrative tribunals and who has access to them?
  3. Would justice be better served by bringing disputes within international organizations to another dispute resolution mechanism such as national courts?

Prof. Dr. Florian Grisel, LL.M. (Yale)
Florian Grisel is Research Professor (Directeur de recherche) at the National Centre for Scientific Research and Senior Research Fellow at the University of Oxford. Florian graduated in law and social sciences from Sciences Po Paris (BA/MA), Columbia University (MPA), Yale Law School (LLM), Université Paris 1 Panthéon-Sorbonne (PhD) and the Ecole Normale Supérieure (Habilitation). He is admitted to practice law in Paris and New York. Florian was ranked as “Future Leader in International Arbitration” by Who’s Who Legal and on the “Arbitration Powerlist” by Legal 500. His full profile is available here.

Readings

Slides: You find the slides of Class 6 here. 

  1. To what extent are the practice and rules of international commercial arbitration shaped by its actors?
  2. What are the main sociological features of the leading practitioners of international commercial arbitration? Have these features evolved over time?
  3. Does the growing diversity in the arbitration field have an impact on its traditional features?

Laura Azaria
Laura focuses on dispute resolution. She specialises in both international arbitration and litigation. She also regularly advises clients in international commercial transactions. Laura has extensive experience in contract disputes, with a particular emphasis on infrastructure and construction projects, sales, distribution, joint venture and shareholders agreements, as well as M&A transactions. Her expertise also covers technology-related disputes, including in relation to blockchain technology and smart contracts. She has acted as counsel, arbitrator and tribunal secretary in numerous arbitration proceedings, both ad hoc and administered. She also frequently represents parties in arbitration-related court proceedings, especially in setting aside proceedings before the Swiss Federal Supreme Court and recognition and enforcement proceedings.

Readings

Rules

Slides: You find the slides of Class 7 here. 

  1. Why should arbitration lawyers always keep in mind the recognition and enforcement of an arbitral award and what measures can be taken in this context?
  2. Why is the 1958 New York Convention considered the most successful treaty in private international law and how has it contributed to the success of international arbitration as a dispute resolution mechanism?
  3. Do you agree that the 1958 New York Convention should not be reformed or modernized, and if so, why?

Prof. Dr. iur. Anna Petrig, LL.M. (Harvard)
Anna Petrig holds the Chair of International Law and Public Law at the University of Basel in Switzerland. She has a PhD in the field of the law of the sea and human rights law and an LL.M. from Harvard Law School where she studied as a Fulbright scholar. Anna is a member of the Bar of the Canton of Berne (Switzerland) and the New York State Bar (USA). Her broad legal experience includes work in private practice, the courts, and the Legal Division of the International Committee of the Red Cross (ICRC). Anna has provided expert advice and legal counsel on maritime-related matters to the Swiss Government, NGOs, international organizations and other international fora. She has been a member of the Swiss Delegation and the Delegation of the Comité Maritime International (CMI) to the International Maritime Organization. Since 2019, Anna is sitting as Judge ad hoc for Switzerland on the International Tribunal for the Law of the Sea (ITLOS) in cases 27 and 29 (The M/T "San Padre Pio" Case, Switzerland v. Nigeria). Since 2024, she has been one of the Swiss members of the Permanent Court of Arbitration in The Hague. Anna is the author of various monographs, notably pertaining to the law of the sea as well as international human rights law, general public international law and criminal law.

Readings: Anna Petrig, "Law of the Sea Arbitration", in Anna Petrig and Yarik Kryvoi, The Anatomy of International Arbitration (Routledge 2026)

Rules: UNCLOS Selected Provisions

Slides: You find the slides of Class 8 here. 

  1. What are the main differences between dispute settlement before Annex VII arbitration tribunals and the ITLOS and what do the recurring transfers of cases from arbitration to ITLOS reveal about States’ preferences regarding cost, speed, and control in international adjudication?
  2. How does the "cafeteria approach" to dispute settlement under Article 287 UNCLOS operate in practice, and why does Annex VII arbitration function as the default mechanism in most cases?
  3. Does the non-appearance of respondent states affect the compulsory nature of the UNCLOS dispute settlement mechanism? Why or why not?

Martin Doe, BCL (McGill)
Martin Doe serves is the Deputy Secretary-General and Principal Legal Counsel of the Permanent Court of Arbitration (PCA) in The Hague, an intergovernmental organization that administers dispute resolution proceedings involving various combinations of States, State entities, intergovernmental organizations, and private parties. He has worked closely with arbitral tribunals in some of the largest and most complex inter-State, investor-State, and commercial cases administered by the PCA spanning the full breadth of public and private international law as well as the full range of commercial industry sectors. In addition, he assists the Secretary-General PCA Secretary-General in discharging his roles under the Arbitration Rules of the United Nations Commission for International Trade Law (UNCITRAL), and is also frequently called upon to assist in the diplomatic work of the PCA with its member States and other international organizations. Among other areas, he heads the Latin American practice of the organization, as well as its work in the fields of climate change, business and human rights, and complex financial disputes. A member of the Barreau du Québec and New York State Bar, as well as a Fellow of the Chartered Institute of Arbitrators, he regularly speaks and publishes on international dispute resolution, and has lectured at various universities worldwide.

Readings

Rules: UNCITRAL Arbitration Rules (2021) and UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration; Class 9, Rules, UNCITRAL.

Slides: You find the slides of Class 9 here. 

  1. What features of the PCA have contributed most in your opinion to its continuing success as a dispute resolution forum in modern times?
  2. What is the common element among the many different kinds of cases that the PCA handles?
  3. What other areas or kinds of cases do you think might be brought to the PCA in the future?

Martin Doe, BCL (McGill)
Martin Doe serves is the Deputy Secretary-General and Principal Legal Counsel of the Permanent Court of Arbitration (PCA) in The Hague, an intergovernmental organization that administers dispute resolution proceedings involving various combinations of States, State entities, intergovernmental organizations, and private parties. He has worked closely with arbitral tribunals in some of the largest and most complex inter-State, investor-State, and commercial cases administered by the PCA spanning the full breadth of public and private international law as well as the full range of commercial industry sectors. In addition, he assists the Secretary-General PCA Secretary-General in discharging his roles under the Arbitration Rules of the United Nations Commission for International Trade Law (UNCITRAL), and is also frequently called upon to assist in the diplomatic work of the PCA with its member States and other international organizations. Among other areas, he heads the Latin American practice of the organization, as well as its work in the fields of climate change, business and human rights, and complex financial disputes. A member of the Barreau du Québec and New York State Bar, as well as a Fellow of the Chartered Institute of Arbitrators, he regularly speaks and publishes on international dispute resolution, and has lectured at various universities worldwide.

Readings

Rules

  • The Hague Rules on Business and Human Rights Arbitration (including Commentary), December 2019: Class 7, Legal Bases, The Hague Rules on BHR Arbitration.
  • UN Guiding Principles on Business and Human Rights, Implementing the United Nations "Protect, Respect and Remedy" Framework, 2011: Class 10, Legal Bases, UN Guiding Principles on BHR.

Slides: You find the slides of Class 10 here. 

  1. What are the reasons that businesses, rights-holders, and other stakeholders might agree to submit business-and-human-rights (BHR) disputes to arbitration, whether in particular cases or in a systematic manner?
  2. What aspects of BHR disputes drove the development of specialized arbitration rules in the Hague Rules? Do you agree that specialized rules are required?
  3. What opportunities and challenges do you see for the development of BHR arbitration as a means of access to remedy?

Prof. Dr. Yarik Kryvoi, LL.M. (Harvard)
Professor Yarik Kryvoi is the Senior Fellow in International Economic Law and Director of the Investment Treaty Forum at the British Institute of International and Comparative Law in London. He is also a member of the New York State Bar (USA). Before moving to academia, he practiced law with Freshfields Bruckhaus Deringer in London, Morgan Lewis & Bockius in Washington, DC and Baker & McKenzie in Saint Petersburg. He is currently engaged in a number of law reform and capacity building projects for the United Nations, governmental agencies and academic institutions. He is listed as an arbitrator by several institutions, including Hong Kong International Arbitration Centre, Asian International Arbitration Centre and Shenzhen Court of International Arbitration. He is also the founder of the CIS Arbitration Forum. Professor Kryvoi has authored a number of articles and monographs, primarily in the area of international dispute resolution and has also conducted several empirical studies in partnership with leading law firms. His recently published works include Private or Public Adjudication? Procedure, Substance and Legitimacy (Leiden Journal of International Law, 2021), International Centre for Settlement of Investment Disputes (Kluwer Law International, 2020). He is also creator and director of the online course International Investment Law and Dispute Resolution.

Readings

Rules: ICSID Convention, Regulations and Rules: Class 11, Rules, ICSID Convention, Regulations and Rules

Slides:  You find the slides of Class 11 here. 

  1. What are the three most important things you learned in class, which you want to remember about the system of investor-State dispute settlement?
  2. Why do you think most investor-state disputes are resolved under ICSID, rather than other arbitration rules? 
  3. With which criticisms of the system of investor-State dispute settlement do you agree and disagree?

Nadja Jaisli, LL.M. (NYU)
Nadja Jaisli co-heads Bär & Karrer’s arbitration practice and specializes in international commercial arbitration and litigation. She has extensive experience in representing clients before Swiss courts and in international arbitrations (both ad hoc and institutional, primarily ICC and Swiss Rules), involving a wide array of matters. She has gained particular experience in the banking and finance, the pharmaceutical and the transportation industries and handled complex disputes arising from M&A transactions, joint ventures and shareholders’ agreements, license and supply agreements as well as inheritance disputes. In addition to her work as party counsel, Nadja Jaisli regularly sits as arbitrator (in particular under ICC, Swiss, DIS and VIAC Rules). Nadja Jaisli is a member of the Board of the Swiss Arbitration Association (ASA) and regularly speaks and publishes in the field of international dispute resolution. She is listed in Chambers Global and Chambers Europe, Legal 500 and by Who’s Who Legal in the fields of arbitration and litigation.

Dr. Pascal Hachem
Dr. Pascal Hachem co-heads Bär & Karrers arbitration practice. Pascal Hachem’s practice focuses on contentious and non-contentious commercial matters as well as corporate internal investigations. He further assists clients with claim-management and the gathering, securing and evaluation of evidence. Pascal Hachem represents clients in state court, arbitration and in front of domestic and foreign authorities. He has acted as sole arbitrator and member of an arbitration panel. Pascal Hachem holds law degrees from Albert Ludwigs University Freiburg i. Br. (Germany) and the University of Basel. Pascal Hachem is a frequent speaker at international conferences in his areas of expertise, contributes to leading commentaries on international sales law and treatises on corporate internal investigations and has authored and co-authored books and articles in the field of general contract and sales law. Who’s Who Legal lists him as Future Leader in Arbitration.

Readings

  • Thomas K Sprange, Written Advocacy, in Stephen Jagusch, Philippe Pinsolle and Alexander G Leventhal (eds), The Guide To Advocacy (Global Arbitration Review - GAR 2023), 26-46; mandatory reading before the class.
  • Edmund King, "How to Lose a Case", Essex Court Chambers (London, 30 October 2020); mandatory reading before the class.

Please note: For those particularly interested in written advocacy, you find "The Guide to Advocacy" published by the Global Arbitration Review (GAR) in full here. In addition to the chapter written by Thomas K Sprange (see above), it comprises many other useful chapters on advocacy. This publication is NOT part of the readings of the BWAS but may serve you as a source in the future.

Book Recommendations

  • Richard C Wydick, Plain English for Lawyers (Carolina Academic Press 2005).
  • Peter Lyons, Advocacy - A Practical Guide (Wildy, Simmonds and Hill Publishing 2019).

Arbitration Toolbox by ASA: The Arbitration Toolbox is designed to assist arbitration practitioners in the organisation and conduct of arbitration proceedings. You can access it here.

  1. What are in your view the most important elements of an effective written submission
  2. What should in your view be included in an opening statement at the evidentiary hearing?
  3. How would you recommend dealing with facts that could hurt your client's case?

Please note that these questions are NOT to be included in your Reflective Journal. They solely serve the purpose of stimulating your thoughts about this lecture.

The panel "careers in arbitration" aims at giving participants a better understanding of various career paths in international arbitration. Moreover, it provides participants with the opportunity to ask their career-related questions to persons involved in recruiting and/or familiar with skill sets needed for a career in arbitration.

The three distinguished pannelists are:

Nadja Jaisli, LL.M. (NYU)
Nadja Jaisli co-heads Bär & Karrer’s arbitration practice and specializes in international commercial arbitration and litigation. She has extensive experience in representing clients before Swiss courts and in international arbitrations (both ad hoc and institutional, primarily ICC and Swiss Rules), involving a wide array of matters. She has gained particular experience in the banking and finance, the pharmaceutical and the transportation industries and handled complex disputes arising from M&A transactions, joint ventures and shareholders’ agreements, license and supply agreements as well as inheritance disputes. In addition to her work as party counsel, Nadja Jaisli regularly sits as arbitrator (in particular under ICC, Swiss, DIS and VIAC Rules). Nadja Jaisli is a member of the Board of the Swiss Arbitration Association (ASA) and regularly speaks and publishes in the field of international dispute resolution. She is listed in Chambers Global and Chambers Europe, Legal 500 and by Who’s Who Legal in the fields of arbitration and litigation.

Dr. Pascal Hachem
Dr. Pascal Hachem co-heads Bär & Karrers arbitration practice. Pascal Hachem’s practice focuses on contentious and non-contentious commercial matters as well as corporate internal investigations. He further assists clients with claim-management and the gathering, securing and evaluation of evidence. Pascal Hachem represents clients in state court, arbitration and in front of domestic and foreign authorities. He has acted as sole arbitrator and member of an arbitration panel. Pascal Hachem holds law degrees from Albert Ludwigs University Freiburg i. Br. (Germany) and the University of Basel. Pascal Hachem is a frequent speaker at international conferences in his areas of expertise, contributes to leading commentaries on international sales law and treatises on corporate internal investigations and has authored and co-authored books and articles in the field of general contract and sales law. Who’s Who Legal lists him as Future Leader in Arbitration.

Dr. Christopher Boog, FCIArb, FSIArb
Christopher Boog is Vice-Chair of the International Arbitration Practice Group at Schellenberg Wittmer and the Managing Director of the firm’s Singapore office. He splits his time between Zurich and Singapore. Chris represents clients in complex international commercial, investment and sports arbitration matters, and sits as arbitrator in civil and common law jurisdictions around the world under all leading arbitration rules. He is ranked as one of a small number of Global Elite Thought Leaders by Who’s Who Legal Arbitration recognizing lawyers “at the peak of the profession”. He is the 2020 recipient of the ASA Prize for Advocacy in International Commercial Arbitration, awarded every two years to international arbitration counsel to recognize exceptional advocacy. Chris is also a Vice-President of the Arbitration Court of the Swiss Arbitration Centre. Chris is described as “one of the best in the business”, an “outstanding and efficient arbitrator” who “in every respect is brilliant”, and “definitely a leader in the field” (Who’s Who Legal). According to clients and peers, he is “outstanding”, “just brilliant” and “one of the best advocates I have ever seen” (Who’s Who Legal). The same directory remarks that “Chris belongs among the best arbitration counsel of his generation.

Judge Dr. Konrad Marciniak
Dr Konrad Marciniak currently serves as a Judge at the International Tribunal for the Law of the Sea (for the term 2023-2032). Before assuming that position, Dr Marciniak had worked at the Polish Ministry of Foreign Affairs, in particular as the Director and Deputy Director of the Legal and Treaty Department. He represented the Government of Poland in many intergovernmental meetings, including at the United Nations, European Union, Council of Europe and Antarctic Treaty Consultative Meetings. He is also a Visiting Professor at Queen Mary University of London.  Dr Marciniak was also involved in the negotiations of multiple bilateral and multilateral treaties, including the BBNJ Agreement. He has lectured at a number of universities in Poland and abroad, as well as in the framework of the Nippon Programme and the UN International Law Fellowship Programme. He has also authored articles, including on the law of the sea.

Dr Konrad Marciniak, Judge of the International Tribunal for the Law of the Sea will deliver a keynote on resolution of biodiversity disputes under the newly concluded Biological Diversity of Areas beyond National Jurisdiction Agreement (BBNJ Agreement). On 17 January 2026 the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) enters into force. This Agreement was adopted in 2023 after around two decades of negotiations and constitutes the newest addition to the UNCLOS family of treaties. The lecture will focus on the dispute settlement mechanism(s) agreed for the purposes of the BBNJ Agreement. It will examine the origins of the relevant provisions, their final form, how they relate to UNCLOS dispute settlement rules, and how the BBNJ Agreement’s specific subject matter fits within the chosen dispute settlement framework.

Please use the following link to register in advance for the keynote lecture on Friday 6 February 2026 :

  • Registration: https://unibas.zoom.us/meeting/register/p3BMH8YBTNucymyWurZ7dQ
  • The lecture will start at 15:15 CET, you can only log in if you registered in advance.
  • The Zoom room will open at 15:10 CET.

Aims of the Reflective Journal

  • The reflective journal helps you understand and remember key issues and provides you the chance to record your developing understanding and ideas about the various topic dealt with during the Basel Winter Arbitration School.
  • The journal will be assessed to make sure it demonstrates substantive reflective comments on the topics covered, with an analysis and evaluation of the respective concepts. There will be no grade for the journal, just pass or fail.

Template and Instructions

  • Please USE THIS TEMPLATE for the Reflective Journal.
  • The template lists all requirements concerning the Reflective Journal.
  • You can find the in-person discussion groups for the Reflective Journal here. The online participants get randomly divided into new break-out session groups each day for the discussion.

Submission

  • Timely submission of a reflective journal that respects the instructions listed in the template for the Reflective Journal (see above) is a prerequisite for being awarded the Certificate of Completion of the Basel Winter Arbitration School on Friday, 6 February 2026.
  • You must upload your reflective journal no later than Thursday, 5 February 2026, 17h00 CET.
  • Please note that before being able to upload your journal, you need to complete the feedback form. After completion of the feedback form, the link to upload the journal will appear.
  • Please CLICK HERE to start the process. 
  • Please note that only the organizers (but not the other participants) can see your reflective journal.
  • Please name your file "Last name_Reflective Journal BWAS 2026" (example: "Petrig_Reflective Journal BWAS 2026") and upload it in Word format.

*** For the pictures of the diploma/certificate ceremony, please follow this link ***

Certificates of Completion: Provided you successfully completed the BWAS 2026, you find your Certificate of Completion here.

Diploma in International Arbitration: If you have successfully passed the LSAS and the BWAS, you find your Diploma in International Arbitration here.

You can find pictures of the BWAS under this link. For the photos of the certificate and diploma ceremony, see above "Certificates of Completion and Diploma in International Arbitration".