London Summer Arbitration School 2024
Es handelt sich um den für Workspace der London Summer Arbitration School, die zugleich auch eine Master-Lehrveranstaltung ist (No 70485-01), aber auch externe Teilnehmende (Fortbildung) hat.
Reiter
London Summer Arbitration School
17-21 June 2024
Programme
Please find the program of the London Summer Arbitration School (as of 7 June 2024) here.
Zoom Login for Online Participants
Zoom | 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 login for all classes
- Zoom login: https://unibas.zoom.us/j/62159176093
- Meeting-ID: 621 5917 6093
Zoom login for the opening lecture
- Please use the following link to register in advance for the opening lecture on Monday, 17 June 2024.
- The lecture will start at 17:45 BST, you can only log in if you have registered in advance.
Zoom login for the keynote lecture
- Please use the following link to register in advance for the closing lecture on Friday, 21 June 2024.
- The lecture will start at 17:30 BST, you can only log in if you have registered in advance.
Practical Information
Letters to the Participants
- Letter to the participants dated 3 June 2024.
Arbitration LAB School Regulations
You find the Arbitration LAB School Regulations (as of 3 May 2022) here.
Internet Access
At the Centre for Transnational Legal Studies, where the classes take place, you have free internet access:
- WiFi: CTLSGuest
- Password: transnationallegalstudies
Places Where the School Is Hosted
- Opening lecture and reception (Monday, 17 June 2024, 17:45-19:00 BST): Peters & Peters, 15 Fetter Ln, London EC4A 1BW
- Classes (Monday, 17 June 2023 to Friday, 21 June 2024): Centre for Transnational Legal Studies, 4th Floor, North West Wing, Bush House, Aldwych, London WC2B 4PJ
- Keynote lecture and reception (Friday, 21 June 2024, 17:30-18:30 BST lecture, reception from 18h30 BST on): Osborne Clarke, One London Wall, London EC2Y 5EB
Lunch Options and Other Information
Lunch options: Quick lunch options near the Centre for Transnational Legal Studies: Map.
Public transport: For up-to-date information on public transport download the Citymapper App.
List of Participants
You find the list of participants here.
Teaching Materials & Preparations
Information and teaching materials
- Below you find information and teaching materials for all classes of the London Summer Arbitration School as well as information regarding the opening lecture and keynote lecture.
- 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 "Download File".
- If you prefer downloading all materials of one kind in one go (e.g. all slides or all readings), please scroll to the bottom of this page where you find the respective folders; click on the arrow next to the folder and press "Download".
Preparations 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 need to read specific legal bases.
Opening Lecture: 21st Century Arbitration - The Question of Trust in the Web3 Economy
Speaker's Bio
Sophie Nappert, LL.M. (King's College London)
Sophie Nappert is an arbitrator in independent practice, based in London. She is dual-qualified as an Avocat of the Bar of Quebec, Canada and as a Solicitor of the Supreme Court of England and Wales. Before becoming a full-time arbitrator, she pursued a career as an advocate and was Head of International Arbitration at a global law firm. She is commended as “most highly regarded” and a “leading light” in her field by Who’s Who Legal. Sophie is highly sought-after in complex energy, investment and natural resources disputes. Sophie is trained and has practised in both civil law and common law jurisdictions. She holds degrees in both common law and civil law from McGill University and a master’s degree in law from King’s College London. For over a decade she served as the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. Since 2019, she co-chairs the ICC Task Force on Allegations of Corruption in International Arbitration, the largest ICC Task Force to date. Sophie is a pioneering practitioner at the intersection of arbitration and Legal Tech. In 2019, she completed the University of Oxford’s Saïd Business School Programme on Blockchain Strategy. In 2021, she co-founded ArbTech, a knowledge-sharing platform fostering cross-disciplinary dialogue on technology, dispute resolution and the future of justice. In its first year of existence, ArbTech was shortlisted at the 2022 GAR Awards. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules. She is a regular speaker at conferences and seminars on issues of international arbitration, international investment law and dispute resolution. She is a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law. She created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, administered under the auspices of McGill University.
Topic of the Opening Lecture
The keynote will examine the ways in which the arbitral process might adapt to be relevant to the values of the Web3 economy, and notably by taking a fresh look at due process. As ways of doing business evolve, as new types of commercial transactions emerge, so the nature of the disputes arising out of these transactions changes, as does the vector for their resolution. Just as commercial arbitration historically flourished because industry-specific disputes demanded decision-makers who were knowledgeable in the given industry and respected by their peers, so the current reality of e-commerce is giving rise to a new breed of cross-border, high-volume, low-value, one-shot disputes. The resolution of such disputes through traditional processes are ill-suited, premised as they are on due process measures that are time-reliant. This increasingly dominant voice in the marketplace prompts the question whether a less time-consuming approach to arbitration’s traditional reliance on due process, leveraging technological tools, might constitute an acceptable trade-off to elicit a speedier, consensus-based, cheaper decision, thereby delivering more satisfaction to e-commerce users, and thus garnering more trust.
Registration for Online Attendance
All online participants are requested to register in advance for the opening lecture under the following link.
Classes
Class 1: Introduction to Comparative International Arbitration
Speaker's Bio
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). Currently, she is a member of the team leading the Human Rights at Sea Arbitration Initiative, which aims at providing victims of human rights abuses at sea with an effective remedy. 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.
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). Currently, she is a member of the team leading the Human Rights at Sea Arbitration Initiative, which aims at providing victims of human rights abuses at sea with an effective remedy. 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.
Materials
Readings
- Charles H Brower II, "Arbitration" in Anne Peters (ed.), Max Planck Encyclopedia of Public International Law (Oxford University Press 2007); mandatory reading before the class.
Slides: You find the slides of Class 1 here.
Guiding Questions
- Is it possible to define "international arbitration"? If yes, what could be a possible definition? If not, is it at least possible to describe its key characteristics?
- Why is arbitration often preferred over settlement of disputes in (domestic / international) courts?
- The London Summer Arbitration School follows a comparative approach: What elements can be compared when discussing various arbitral mechanisms? And what is the added value of comparing different arbitration mechanisms?
Class 2: Conceptual Foundations of Arbitration
Speaker's Bio
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.
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.
Materials
Readings
- Yarik Kryvoi, "Key Concepts of International Arbitration" in Anna Petrig and Yarik Kryvoi (eds), The Anatomy of International Arbitration (Routledge, draft chapter, forthcoming, 2025); mandatory reading before the class.
- Yarik Kryvoi, "Private or Public Adjudication? Procedure, Substance and Legitimacy" (2021) 34(3) Leiden Journal of International Law, 1-23.
Slides: You find the slides of Class 2 here.
Guiding Questions
- What are three most important new things you have learned about arbitration during this class?
- What is the importance of consent in arbitration and how can it be expressed?
- Why in some cases resorting to domestic courts is better than resorting to arbitration?
Class 3: Banking and Finance Arbitration
Speaker's Bio
Raymond Cox KC
Raymond Cox KC is a highly regarded commercial barrister with Fountain Court Chambers in London with particular expertise in banking, financial services, commercial disputes and insurance. Much of Raymond’s work is international in nature and he has particular expertise offshore and in Asia Pacific. He is ranked for his work in Asia Pacific by The Legal 500 and has ad hoc admission to the Bar of the Cayman Islands and is a Registered Foreign Lawyer with the Singapore International Commercial Court.
Raymond Cox KC is a highly regarded commercial barrister with Fountain Court Chambers in London with particular expertise in banking, financial services, commercial disputes and insurance. Much of Raymond’s work is international in nature and he has particular expertise offshore and in Asia Pacific. He is ranked for his work in Asia Pacific by The Legal 500 and has ad hoc admission to the Bar of the Cayman Islands and is a Registered Foreign Lawyer with the Singapore International Commercial Court.
Materials
Readings
- William W. Park, "Arbitration of International Business Disputes: Studies in Law and Practice" (Second Edition, Oxford University Press 2012), 649-670 ("Part IV. Selected Issues for Further Study – A. Financial Transactions"); mandatory reading before the class.
- International Chamber of Commerce, "Financial Institutions and International Arbitration – ICC Arbitration & ADR Commission Report" (International Chamber of Commerce, 24 November 2016); optional reading.
Rules
- The London Court of International Arbitration: Arbitration Rules 2020
Slides: You find the slides of Class 3 here.
Guiding Questions
- Are international arbitration of banking and finance disputes any different from other disputes, and if so, how?
- When is arbitration preferable to litigation of banking and finance disputes, and when not?
- How if at all could international arbitration be made more friendly towards banking and finance disputes?
Class 4: Institutional and Ad Hoc Commercial Arbitration
Speaker's Bio
Greg Fullelove, LL.M. (Leiden)
Greg Fullelove is a Partner and Head of the International Arbitration Group at Osborne Clarke LLP. He has been counsel and advocate in numerous international commercial arbitrations both in ad hoc proceedings and institutional arbitrations, for example under the LCIA, ICC, SCC, DIS, and UNCITRAL rules. He also acts in investment treaty arbitrations, including under the ICSID rules. Greg has significant expertise of arbitration in the life sciences, energy and natural resources, digital business and financial services sectors. Greg has also been appointed as an arbitrator in LCIA, ICC and UNCITRAL proceedings and has acted as an expert witness on English arbitration law and practice in the US courts (following appointment by an energy major). He is frequently asked to speak on international arbitration at conferences and universities in the UK and abroad (including at the universities of Leiden, Oxford and Reading). Greg has been recognised as a "Global Leader" in International Arbitration by Who’s Who Legal. Legal 500 lists him as a leading practitioner in the field, and he is also recognised by Chambers and Partners. He is an editor of the Wolters Kluwer practitioner texts Arbitration in England (2013) and the forthcoming International Arbitration in England: Perspectives in Times of Change (2022).
Greg Fullelove is a Partner and Head of the International Arbitration Group at Osborne Clarke LLP. He has been counsel and advocate in numerous international commercial arbitrations both in ad hoc proceedings and institutional arbitrations, for example under the LCIA, ICC, SCC, DIS, and UNCITRAL rules. He also acts in investment treaty arbitrations, including under the ICSID rules. Greg has significant expertise of arbitration in the life sciences, energy and natural resources, digital business and financial services sectors. Greg has also been appointed as an arbitrator in LCIA, ICC and UNCITRAL proceedings and has acted as an expert witness on English arbitration law and practice in the US courts (following appointment by an energy major). He is frequently asked to speak on international arbitration at conferences and universities in the UK and abroad (including at the universities of Leiden, Oxford and Reading). Greg has been recognised as a "Global Leader" in International Arbitration by Who’s Who Legal. Legal 500 lists him as a leading practitioner in the field, and he is also recognised by Chambers and Partners. He is an editor of the Wolters Kluwer practitioner texts Arbitration in England (2013) and the forthcoming International Arbitration in England: Perspectives in Times of Change (2022).
Materials
Readings
- Rémy Gerbay, "Chapter 2: Institutional Arbitration as a Growing Phenomenon: Quantitative Growth, "Institutionalization" and "Judicialization", in Rémy Gerbay (ed.), The Functions of Arbitral Institutions, International Arbitration Law Library, Volume 38 (Kluwer Law International 2016), 29–54; mandatory reading before the class.
- Roger Enock and Alexandra Melia, "Chapter 6: Ad Hoc Arbitrations", in Julian DM Lew and others (eds), Arbitration in England, with chapters on Scotland and Ireland (Kluwer Law International 2013), 89–104.
Slides: You find the slides of Class 4 here.
Guiding Questions
- In your opinion is either mode of arbitration – institutional or ad hoc – preferable and why?
- Do you agree that arbitrations under the UNCITRAL Rules are truly ad hoc? What if they are administered by the Permanent Court of Arbitration?
- Do you believe that there should be any practical significance to the distinction between ad hoc and institutional arbitration, such as improved enforceability of awards from reputable institutions?
Class 5: Commodities Arbitration
Speaker's Bio
Jonathan Waters, LL.M. (Leicester)
Jonathan Waters is General Counsel of the Grain and Feed Trade Association (GAFTA). He is a barrister, arbitrator and Civil Mediation Council Registered Mediator and has held a number of senior in-house positions in a variety of business sectors, including retail and leisure, healthcare and insurance. Jonathan has over 30 years PQE, having advised clients, ranging from those listed on the London Stock Exchange to small-medium enterprises, and specialises in international arbitration, dispute resolution and commercial contracts. He has been involved in a number of key reported legal cases involving company law and directors duties. He is a member of the Chartered Institute of Arbitrators and has a Masters Degree in Economic Relations and Employment Law. He presents at international conferences and spent twelve years as a part-time law lecturer. Jonathan is the 2020 winner of International Arbitration Advisory Expert of the Year in the UK (Global Advisory Experts) and the Alternative Dispute Resolution UK award (Finance Monthly M&A Awards). He has also been included in Lawyer Magazine's "Hot 100" lawyers.
Jonathan Waters is General Counsel of the Grain and Feed Trade Association (GAFTA). He is a barrister, arbitrator and Civil Mediation Council Registered Mediator and has held a number of senior in-house positions in a variety of business sectors, including retail and leisure, healthcare and insurance. Jonathan has over 30 years PQE, having advised clients, ranging from those listed on the London Stock Exchange to small-medium enterprises, and specialises in international arbitration, dispute resolution and commercial contracts. He has been involved in a number of key reported legal cases involving company law and directors duties. He is a member of the Chartered Institute of Arbitrators and has a Masters Degree in Economic Relations and Employment Law. He presents at international conferences and spent twelve years as a part-time law lecturer. Jonathan is the 2020 winner of International Arbitration Advisory Expert of the Year in the UK (Global Advisory Experts) and the Alternative Dispute Resolution UK award (Finance Monthly M&A Awards). He has also been included in Lawyer Magazine's "Hot 100" lawyers.
Materials
Rules
- The Grain and Feed Trade Association: Gafta Arbitration Rules 125
- The Grain and Feed Trade Association: Gafta Contract 49
Slides: You find the slides of Class 5 here.
Guiding Questions
- In your opinion, why is GAFTA arbitration more advantageous than going to court?
- Does a party have to be a GAFTA member to arbitrate before GAFTA?
- What are the advantages and disadvantages of trade arbitration?
Class 6: Jurisdiction of Arbitral Tribunals
Speaker's Bio
Dr. Daniel Costelloe, LL.M. (Harvard)
Dr. Daniel Costelloe is an Associate Legal Officer at the International Court of Justice in The Hague. Prior to that, he was Counsel in the London office of a leading American law firm, where he practised investment treaty arbitration, international commercial arbitration, international litigation and public international law for seven and a half years. In that role, he worked on proceedings under the ICSID, ICSID Additional Facility, UNCITRAL, LCIA and ICC Rules. Daniel is the author of Legal Consequences of Peremptory Norms of International Law (Cambridge University Press, 2017) and a co-editor of the Oxford Handbook of Jurisdiction in International Law (Oxford University Press, 2019). He teaches international investment law and regularly lectures on the law of treaties and state succession. Daniel is on the editorial board of the Leiden Journal of International Law. Daniel is admitted to practice in Washington, D.C., and in New York.
Dr. Daniel Costelloe is an Associate Legal Officer at the International Court of Justice in The Hague. Prior to that, he was Counsel in the London office of a leading American law firm, where he practised investment treaty arbitration, international commercial arbitration, international litigation and public international law for seven and a half years. In that role, he worked on proceedings under the ICSID, ICSID Additional Facility, UNCITRAL, LCIA and ICC Rules. Daniel is the author of Legal Consequences of Peremptory Norms of International Law (Cambridge University Press, 2017) and a co-editor of the Oxford Handbook of Jurisdiction in International Law (Oxford University Press, 2019). He teaches international investment law and regularly lectures on the law of treaties and state succession. Daniel is on the editorial board of the Leiden Journal of International Law. Daniel is admitted to practice in Washington, D.C., and in New York.
Materials
Readings
- Bilateral Agreement for the Promotion and Protection of Investments between the Government of the United Kingdom of Great Britain and Northern Ireland and Republic of Colombia (17 March 2010); mandatory reading before the class; pay particular attention to Articles I(1), I(2), I(4), III(2), IX, XIII, XIV, XV(2) and XV(3).
Decisions and Advisory Opinions
Ideally, you familiarize yourself with the facts of the cases below and, in addition, read the indicated pages/paragraphs.
Ideally, you familiarize yourself with the facts of the cases below and, in addition, read the indicated pages/paragraphs.
- Status of Eastern Carelia, Advisory Opinion, PCIJ Series B, No. 5, p. 27 (23 July 1923), p. 27
- Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada, ICSID Case No. ARB/20/52, Request for Arbitration (7 December 2020), paras. 22-35
- Compañiá de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic, ICSID Case No. ARB/97/3, Decision on Annulment (3 July 2002), paras. 93-103
- Malaysian Historical Salvors, SDN, BHD v. Malaysia, ICSID Case No. ARB/05/10 (Decision on the Application for Annulment) (16 April 2009), paras. 56-82
- CMS Gas Transmission Co. v. Argentina, ICSID Case No. ARB/01/8 (Decision of the Tribunal on Objections to Jurisdiction) (17 July 2003), paras. 36-69
- Tokios Tokelés v. Ukraine, ICSID Case No. ARB/02/18 (Decision on Jurisdiction) (29 April 2004), paras. 21-86
Rules
- UNCITRAL Arbitration Rules: Art 23
- ICSID Convention, Regulations and Rules: Arts 25, 26 and 41
- ICSID Arbitration Rules: Rule 41
Slides: You find the slides of Class 6 here.
Guiding Questions
- Consent is the fundamental principle underlying an arbitral tribunal’s jurisdiction. In modern investor-state arbitration, in what form and at what time is consent typically expressed, both by the state and the investor? Are there other possibilities?
- There are typically limits to a host state’s consent articulated in the instrument expressing its consent. What are the principal limitations, and how can a state invoke them to its advantage during arbitral proceedings? Formulate your answer by reference to the provisions of the U.K.-Colombia BIT.
- What are the main policy and practical considerations behind the notion that an investor-state arbitral tribunal’s jurisdiction is limited to investment disputes? Why, in principle, should it not adjudicate a broader range of issues?
Class 7: Public International Law Issues in Arbitration
Speaker's Bio
Dr. Daniel Costelloe, LL.M. (Harvard)
Dr. Daniel Costelloe is an Associate Legal Officer at the International Court of Justice in The Hague. Prior to that, he was Counsel in the London office of a leading American law firm, where he practised investment treaty arbitration, international commercial arbitration, international litigation and public international law for seven and a half years. In that role, he worked on proceedings under the ICSID, ICSID Additional Facility, UNCITRAL, LCIA and ICC Rules. Daniel is the author of Legal Consequences of Peremptory Norms of International Law (Cambridge University Press, 2017) and a co-editor of the Oxford Handbook of Jurisdiction in International Law (Oxford University Press, 2019). He teaches international investment law and regularly lectures on the law of treaties and state succession. Daniel is on the editorial board of the Leiden Journal of International Law. Daniel is admitted to practice in Washington, D.C., and in New York.
Dr. Daniel Costelloe is an Associate Legal Officer at the International Court of Justice in The Hague. Prior to that, he was Counsel in the London office of a leading American law firm, where he practised investment treaty arbitration, international commercial arbitration, international litigation and public international law for seven and a half years. In that role, he worked on proceedings under the ICSID, ICSID Additional Facility, UNCITRAL, LCIA and ICC Rules. Daniel is the author of Legal Consequences of Peremptory Norms of International Law (Cambridge University Press, 2017) and a co-editor of the Oxford Handbook of Jurisdiction in International Law (Oxford University Press, 2019). He teaches international investment law and regularly lectures on the law of treaties and state succession. Daniel is on the editorial board of the Leiden Journal of International Law. Daniel is admitted to practice in Washington, D.C., and in New York.
Materials
Readings
- Bilateral Agreement for the Promotion and Protection of Investments between the Government of the United Kingdom of Great Britain and Northern Ireland and Republic of Colombia (17 March 2010); mandatory reading before the class; pay particular attention to Articles I(4), XIII(1), XIV and XV(1) (this is the same reading as for Class 6).
Rules
- Statute of the International Court of Justice: Art 38(1)
- Vienna Convention on the Law of Treaties: Arts 1(a), 1(b), 1(f), 1(g), 24, 27-32, 59, 70 and 80
- Articles on Responsibility of States for Internationally Wrongful Acts: Arts 1-5, 7, 12-15, 23, 25, 28-32, 35-36 and 38
- ICSID Convention: Arts 25 and 42
- United Nations Charter: Art 2(4)
Decisions
Ideally, you familiarize yourself with the facts of the cases below and, in addition, read the indicated pages/paragraphs.
Ideally, you familiarize yourself with the facts of the cases below and, in addition, read the indicated pages/paragraphs.
- European American Investment Bank v. Slovakia, PCA Case No. 2010-17 (Award on Jurisdiction) (22 October 2012), paras. 69-81, 155-238, 246-280
- Anglia Auto Accessories Limited v. Czech Republic, SCC Arbitration Case V 2014/181 (Award) (10 March 2017), paras. 98-128
- LG&E Energy Corp., LG&E Capital Corp., and LG&E International, Inc. v. Argentine Republic, ICSID Case No. ARB/02/1 (Decision on Liability) (3 October 2006), paras. 226-266
- Total S.A. v. Argentine Republic, ICSID Case No. ARB/04/01 (Decision on Liability) (27 December 2010), paras. 345-346, 482-484
- Hulley Enterprises Limited v. Russian Federation, PCA Case No. 2005-03/AA226 (Final Award) (18 July 2014), paras. 1357-1364
- El Paso Energy International Company v. Argentine Republic, ICSID Case No. ARB/03/15 (Award) (31 October 2011), paras. 613-626
- Stabil LLC and Others v. Russian Federation, PCA Case no. 2015-35 (Award on Jurisdiction) (26 June 2017), paras. 127-176; and Judgment 4A_398/2017 of the Swiss Federal Supreme Court (16 October 2018), Section 4.3 (unofficial English translation)
- Oschadbank v. Russian Federation, PCA Case No. 2016-14 (Award) (26 November 2018), paras. 196-219
- Champion Trading Company, Ameritrade International, Inc., James T. Wahba, John B. Wahba, Timothy T. Wahba v. Arab Republic of Egypt, ICSID Case No. ARB/02/9 (Decision on Jurisdiction) (21 October 2003), Sections 3.4.1 and 3.4.2
Slides: You find the slides of Class 7 here.
Guiding Questions
- What are the principal areas of public international law that arise in many investor-state arbitrations? How can issues under the law of treaties arise in investor-state arbitration and under the U.K.-Colombia BIT in particular?
- Drawing on the discussion from the previous class, what is the extent of an investor-state tribunal’s power to determine issues that concern the legal relations between sovereign states? Why do any limitations exist?
- With reference to the U.K.-Colombia BIT, how can issues relating to territory arise in an arbitration under that instrument? How is public international law relevant in the definition of territory and in the treaty’s scope of application?
Class 8: Construction Arbitration
Speaker's Bio
Prof. Renato Nazzini
Renato is a partner at LMS Legal LLP, London and Professor of Law at King’s College London, where he is also the Director of the Centre of Construction Law and Dispute Resolution. An experienced arbitrator and counsel in international arbitration, he has a wide industry knowledge, from construction, oil and gas and infrastructure to IT and digital, from pharmaceuticals to consumer goods. A dually qualified English Solicitor and Italian Advocate, he understands and navigates the different approaches across common law and civil law jurisdictions and is able to resolve effectively and pragmatically complex substantive and procedural problems. Aware of the multi-cultural dimension of many international disputes, he has worked across Europe, Africa, Asia and America as counsel, arbitrator (both as president of the tribunal and co-arbitrator) and expert witness. He is a member of the ICC Arbitration and ADR Commission, Italy, a member of the ICC Task Force on Dealing with Corruption Issues in International Arbitration and a Fellow of the Chartered Institute of Arbitrators. Renato has also substantial experience in EU law, regulation and competition law, having served for seven years as a lawyer and then Deputy Director of the Legal and Policy Department at the UK competition authority and as a member of the ICC Task Force on Arbitrating Competition Law Issues. In his academic capacity, Renato published six books and more than eighty articles and book chapters on international arbitration or competition law and is General Co-editor or member of the editorial board of four leading international journals. He has been Visiting Professor at the University of Turin, the University of Zurich, and FGV of San Paulo, Brazil. He holds two PhDs, one from the University of London and another from the University of Milan.
Renato is a partner at LMS Legal LLP, London and Professor of Law at King’s College London, where he is also the Director of the Centre of Construction Law and Dispute Resolution. An experienced arbitrator and counsel in international arbitration, he has a wide industry knowledge, from construction, oil and gas and infrastructure to IT and digital, from pharmaceuticals to consumer goods. A dually qualified English Solicitor and Italian Advocate, he understands and navigates the different approaches across common law and civil law jurisdictions and is able to resolve effectively and pragmatically complex substantive and procedural problems. Aware of the multi-cultural dimension of many international disputes, he has worked across Europe, Africa, Asia and America as counsel, arbitrator (both as president of the tribunal and co-arbitrator) and expert witness. He is a member of the ICC Arbitration and ADR Commission, Italy, a member of the ICC Task Force on Dealing with Corruption Issues in International Arbitration and a Fellow of the Chartered Institute of Arbitrators. Renato has also substantial experience in EU law, regulation and competition law, having served for seven years as a lawyer and then Deputy Director of the Legal and Policy Department at the UK competition authority and as a member of the ICC Task Force on Arbitrating Competition Law Issues. In his academic capacity, Renato published six books and more than eighty articles and book chapters on international arbitration or competition law and is General Co-editor or member of the editorial board of four leading international journals. He has been Visiting Professor at the University of Turin, the University of Zurich, and FGV of San Paulo, Brazil. He holds two PhDs, one from the University of London and another from the University of Milan.
Materials
Readings
- Sir Vivian Ramsey, "Multi-Tier Dispute Resolution Clauses in Construction Contracts" in Renato Nazzini (ed.), Transnational Construction Arbitration: Key Themes in the Resolution of Construction Disputes (Informa Law from Routledge 2018); mandatory reading before the class.
Slides: You find the slides of Class 8 here.
Guiding Questions
- What are the specific features of construction disputes that call for specific solutions?
- What are the various methods of dispute resolution in construction and how do they relate to arbitration?
- Arbitration is an expensive, inefficient and opaque dispute resolution method for construction disputes. Specialist construction courts would be a much better forum for the resolution of such disputes. Comment!
Class 9: Arbitration in the Digital Economy
Speaker's Bio
Dr. Gérardine Goh Escolar, LL.M. (UCL)
Gérardine Goh Escolar is Deputy Secretary General of the Hague Conference on Private International Law (HCCH). Concurrently, she heads the International Commercial, Digital and Financial Law (CODIFI) Division, the work of which includes the Experts’ Group on Central Bank Digital Currencies (CBDCs), the Digital Tokens Project, the Digital Economy Project (digital platforms, artificial intelligence and automated contracting, and immersive technologies), the Voluntary Carbon Markets Project, restructuring and insolvency, and intellectual property, as well as the 1985 Trusts and 2006 Securities Conventions, and the 2015 Principles on the Choice of Law in International Commercial Contracts. She is also Full Professor (Adj.) at the Faculty of Law, and Academic Fellow at the Centre for Technology, Robotics, Artificial Intelligence & the Law (TRAIL), both at the National University of Singapore.
Gérardine Goh Escolar is Deputy Secretary General of the Hague Conference on Private International Law (HCCH). Concurrently, she heads the International Commercial, Digital and Financial Law (CODIFI) Division, the work of which includes the Experts’ Group on Central Bank Digital Currencies (CBDCs), the Digital Tokens Project, the Digital Economy Project (digital platforms, artificial intelligence and automated contracting, and immersive technologies), the Voluntary Carbon Markets Project, restructuring and insolvency, and intellectual property, as well as the 1985 Trusts and 2006 Securities Conventions, and the 2015 Principles on the Choice of Law in International Commercial Contracts. She is also Full Professor (Adj.) at the Faculty of Law, and Academic Fellow at the Centre for Technology, Robotics, Artificial Intelligence & the Law (TRAIL), both at the National University of Singapore.
Materials
Readings
- G. Blanke, “Arbitrating in a Modern World: Challenges and Opportunities”, Vol 89 Issue 3 (2023), Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, pp. 238-265
Slides: You find the slides of Class 9 here.
Guiding Questions
- What specific features of the digital transformation of mature industries, and the digitalisation of the economy (including the digitisation of activities and the increasing use of online and networked services), will raise specific and novel issues relating to arbitration?
- What fields of arbitration and dispute settlement are already impacted by the use of digital technologies, including web3 and artificial intelligence?
- What is the impact, on arbitration as a field and on arbitration proceedings specifically, of further developments in the digital economy (including web3, tokenisation, distributed storage mechanisms, and artificial intelligence)?
Class 10: Outer Space Arbitration
Speaker's Bio
Dr. Gérardine Goh Escolar, LL.M. (UCL)
Gérardine Goh Escolar is Deputy Secretary General of the Hague Conference on Private International Law (HCCH). Concurrently, she heads the International Commercial, Digital and Financial Law (CODIFI) Division, the work of which includes the Experts’ Group on Central Bank Digital Currencies (CBDCs), the Digital Tokens Project, the Digital Economy Project (digital platforms, artificial intelligence and automated contracting, and immersive technologies), the Voluntary Carbon Markets Project, restructuring and insolvency, and intellectual property, as well as the 1985 Trusts and 2006 Securities Conventions, and the 2015 Principles on the Choice of Law in International Commercial Contracts. She is also Full Professor (Adj.) at the Faculty of Law, and Academic Fellow at the Centre for Technology, Robotics, Artificial Intelligence & the Law (TRAIL), both at the National University of Singapore.
Gérardine Goh Escolar is Deputy Secretary General of the Hague Conference on Private International Law (HCCH). Concurrently, she heads the International Commercial, Digital and Financial Law (CODIFI) Division, the work of which includes the Experts’ Group on Central Bank Digital Currencies (CBDCs), the Digital Tokens Project, the Digital Economy Project (digital platforms, artificial intelligence and automated contracting, and immersive technologies), the Voluntary Carbon Markets Project, restructuring and insolvency, and intellectual property, as well as the 1985 Trusts and 2006 Securities Conventions, and the 2015 Principles on the Choice of Law in International Commercial Contracts. She is also Full Professor (Adj.) at the Faculty of Law, and Academic Fellow at the Centre for Technology, Robotics, Artificial Intelligence & the Law (TRAIL), both at the National University of Singapore.
Materials
Readings
- Peter Malanczuk, "Investment Protection of Commercial Activities in Space: Treaties, Contracts, Licenses, Insurances, Arbitration" (2018) 19 Journal of World Investment & Trade, 952-973 and 991-998; mandatory reading before the class.
Slides: You find the slides of Class 10 here.
Guiding Questions
- What specific issues and considerations should arbitrators and parties take into account when instituting arbitral proceedings in relation to a dispute arising from activities in outer space?
- What arbitration procedures and frameworks are available to parties in relation to a dispute arising from activities in outer space?
- In your opinion, is arbitration the mechanism most suited to the settlement of disputes arising from activities in outer space? Why or why not?
Class 11: Maritime Arbitration
Speaker's Bio
James Clanchy, FCIArb
James Clanchy, FCIArb, is a full-time arbitrator in independent practice and a former Honorary Secretary of the London Maritime Arbitrators Association (LMAA). He is an associate member of Six Pump Court chambers in London. As an arbitrator, he has taken appointments in ad hoc and institutional arbitrations, seated in London, Dubai, Singapore and Copenhagen, as a sole arbitrator and as a member of two and three member tribunals. His cases largely concern charterparties, ship sale and purchase, container leases, and commodities trading. He has written more than 40 awards. He is a solicitor in England & Wales (admitted 1990, non-practising since 2019) and was an avocat at the Paris bar from 1994 to 2008. He spent 20 years as a commercial disputes lawyer In London and Paris, with Withers, Holman Fenwick Willan, and Stephenson Harwood, specialising in shipping, oil and gas, and international trade. He was Registrar and Deputy Director General of the London Court of International Arbitration (LCIA) for four years (2008 to 2012). He spent two years as a case assessor for third-party funders and After The Event (ATE) insurers. He is a co-author of A Commentary on the LCIA Arbitration Rules 2014 (Sweet & Maxwell, 2015). He has given lectures and spoken at conferences about the LCIA, the LMAA, third-party funding, and professional ethics. He has been a contributor to Lexis PSL Arbitration and New Law Journal. His International Congress of Maritime Arbitrators 2020 paper, "Ad hoc arbitration and its enemies", was published in Arbitration 86, no 4 (2020). Since July 2022 he has been co-editor (arbitration) of Lloyd’s Maritime Law Newsletter.
James Clanchy, FCIArb, is a full-time arbitrator in independent practice and a former Honorary Secretary of the London Maritime Arbitrators Association (LMAA). He is an associate member of Six Pump Court chambers in London. As an arbitrator, he has taken appointments in ad hoc and institutional arbitrations, seated in London, Dubai, Singapore and Copenhagen, as a sole arbitrator and as a member of two and three member tribunals. His cases largely concern charterparties, ship sale and purchase, container leases, and commodities trading. He has written more than 40 awards. He is a solicitor in England & Wales (admitted 1990, non-practising since 2019) and was an avocat at the Paris bar from 1994 to 2008. He spent 20 years as a commercial disputes lawyer In London and Paris, with Withers, Holman Fenwick Willan, and Stephenson Harwood, specialising in shipping, oil and gas, and international trade. He was Registrar and Deputy Director General of the London Court of International Arbitration (LCIA) for four years (2008 to 2012). He spent two years as a case assessor for third-party funders and After The Event (ATE) insurers. He is a co-author of A Commentary on the LCIA Arbitration Rules 2014 (Sweet & Maxwell, 2015). He has given lectures and spoken at conferences about the LCIA, the LMAA, third-party funding, and professional ethics. He has been a contributor to Lexis PSL Arbitration and New Law Journal. His International Congress of Maritime Arbitrators 2020 paper, "Ad hoc arbitration and its enemies", was published in Arbitration 86, no 4 (2020). Since July 2022 he has been co-editor (arbitration) of Lloyd’s Maritime Law Newsletter.
Materials
Readings
- Eva Litina, Theory, Law and Practice of Maritime Arbitration (Kluwer Law International 2020), 24-53 (excerpt of "Chapter 1: Theoretical Background"); mandatory reading before the class.
Rules
- The London Maritime Arbitrators Association: The LMAA Terms 2021
Slides: You find the slides of Class 11 here.
Guiding Questions
- What factors make maritime arbitration distinctive?
- How is an ad hoc London maritime arbitration commenced and how might the LMAA (London Maritime Arbitrators Association) Terms be introduced to govern the procedure?
- Does maritime arbitration have an image problem?
Class 12: Oral Advocacy Skills
Speaker's Bio
Dr. Vlad Meerovich, MSc (LSE)
Vlad is a partner at Peters & Peters in London. A specialist in multi-jurisdictional commercial litigation and international arbitration, Vlad also has experience of acting in cases involving parallel criminal proceedings and investigations by the Serious Fraud Office. He holds a PhD in law and economics from the London School of Economics. Vlad is a commercial litigator specialising in the field of complex corporate and financial fraud. He acts in the High Court and arbitral proceedings that also tend to engage criminal process and involve emergency without notice applications to seize property and assets. Vlad’s experience covers both obtaining and challenging freezing injunctions. Since joining Peters & Peters in 2009, Vlad has represented clients in a range of high-profile, high-value civil and criminal cases. He has worked on matters involving allegations of breach of fiduciary duty, corruption, dishonesty, fraudulent misrepresentation, misappropriation, money laundering, price fixing and unlawful financial assistance. Vlad has particular experience of acting in cases arising out of business acquisitions (acting for and against former management); failed investments that have been misappropriated and/or mismanaged; trusts; and HM Revenue & Customs enquiries. Much of Vlad’s work is international. In addition to UK and European clients, he has acted for individuals and entities from India, Kazakhstan, Nigeria, Russia, Ukraine and the United States.
Vlad is a partner at Peters & Peters in London. A specialist in multi-jurisdictional commercial litigation and international arbitration, Vlad also has experience of acting in cases involving parallel criminal proceedings and investigations by the Serious Fraud Office. He holds a PhD in law and economics from the London School of Economics. Vlad is a commercial litigator specialising in the field of complex corporate and financial fraud. He acts in the High Court and arbitral proceedings that also tend to engage criminal process and involve emergency without notice applications to seize property and assets. Vlad’s experience covers both obtaining and challenging freezing injunctions. Since joining Peters & Peters in 2009, Vlad has represented clients in a range of high-profile, high-value civil and criminal cases. He has worked on matters involving allegations of breach of fiduciary duty, corruption, dishonesty, fraudulent misrepresentation, misappropriation, money laundering, price fixing and unlawful financial assistance. Vlad has particular experience of acting in cases arising out of business acquisitions (acting for and against former management); failed investments that have been misappropriated and/or mismanaged; trusts; and HM Revenue & Customs enquiries. Much of Vlad’s work is international. In addition to UK and European clients, he has acted for individuals and entities from India, Kazakhstan, Nigeria, Russia, Ukraine and the United States.
Materials
Readings
- NEW (updated 20 June 2024): Our speaker will rely on this case study to illustrate oral advocacy issues; please read this text if you have time: A Practical Guide to Advocacy, Case Study 1 - Robert Cavendish & Co Limited v Downham Callery Limited.
- Mark C. Baker, "Advocacy in International Arbitration", in Lawrence W. Newman and Richard D. Hill (eds.), The Leading Arbitrators' Guide to International Arbitration (Juris Publishing 2008), 381-401; mandatory reading before the class.
- Colin Y. C. Ong, "The Art of Advocacy in International Arbitration", IBA Annual Conference 2007, paper abstract, 1-5; mandatory reading before the class.
- Barton Legum, "The Ten Commandments of Written Advocacy in International Arbitration" (2013) 29(1) Arbitration International, 1-6; optional reading.
- "Irving Younger's 10 Commandments of Cross Examination"; summary of The Art of Cross-Examination by Irvin Younger, The Section of Litigation Monograph Series, No. 1, published by the American Bar Association Section on Litigation, from a speech given by Irving Younger at the ABA Annual Meeting in Montreal Canada in August of 1975; optional reading.
- Farrah Champagne, "Five Tips for Engaging Opening Statements" (30 October 2015) <www.americanbar.org/groups/litigation/committees/trial-practice/practice/2015/5-tips-for-engaging-opening-statements/>; optional reading.
Slides: You find the slides of Class 12 here.
Panel: Careers in International Arbitration
Speaker's Bio
Camilla Macpherson MA (Oxon), FCIArb
Camilla Macpherson is Head of Secretariat of P.R.I.M.E. Finance, a foundation based in The Hague which seeks to foster greater financial market stability and increased confidence in global finance through, amongst other things, dispute resolution. She previously practised international arbitration and litigation at Allen & Overy LLP in London and Amsterdam, focusing on complex, high value cross-border disputes, many involving co-ordination of cross-jurisdictional proceedings and project management on a global scale. She was also previously DLA Piper’s Head of Knowledge Management, DLA Piper’s dedicated Brexit Counsel, and Legal Counsel at the Permanent Court of Arbitration in The Hague. Camilla is a guest speaker on the University of Leiden’s International Dispute Settlement and Arbitration advanced masters programme. She has a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators and is also a Fellow of the Chartered Institute of Arbitrators. She is a practising solicitor in England & Wales with Solicitors’ Higher Rights of Audience, and a member of the International Committee of the Law Society of England and Wales. She started her career in London, and has recently returned after spending five years in The Hague.
Camilla Macpherson is Head of Secretariat of P.R.I.M.E. Finance, a foundation based in The Hague which seeks to foster greater financial market stability and increased confidence in global finance through, amongst other things, dispute resolution. She previously practised international arbitration and litigation at Allen & Overy LLP in London and Amsterdam, focusing on complex, high value cross-border disputes, many involving co-ordination of cross-jurisdictional proceedings and project management on a global scale. She was also previously DLA Piper’s Head of Knowledge Management, DLA Piper’s dedicated Brexit Counsel, and Legal Counsel at the Permanent Court of Arbitration in The Hague. Camilla is a guest speaker on the University of Leiden’s International Dispute Settlement and Arbitration advanced masters programme. She has a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators and is also a Fellow of the Chartered Institute of Arbitrators. She is a practising solicitor in England & Wales with Solicitors’ Higher Rights of Audience, and a member of the International Committee of the Law Society of England and Wales. She started her career in London, and has recently returned after spending five years in The Hague.
Dr. Vlad Meerovich, MSc (LSE)
Vlad is a partner at Peters & Peters in London. A specialist in multi-jurisdictional commercial litigation and international arbitration, Vlad also has experience of acting in cases involving parallel criminal proceedings and investigations by the Serious Fraud Office. He holds a PhD in law and economics from the London School of Economics. Vlad is a commercial litigator specialising in the field of complex corporate and financial fraud. He acts in the High Court and arbitral proceedings that also tend to engage criminal process and involve emergency without notice applications to seize property and assets. Vlad’s experience covers both obtaining and challenging freezing injunctions. Since joining Peters & Peters in 2009, Vlad has represented clients in a range of high-profile, high-value civil and criminal cases. He has worked on matters involving allegations of breach of fiduciary duty, corruption, dishonesty, fraudulent misrepresentation, misappropriation, money laundering, price fixing and unlawful financial assistance. Vlad has particular experience of acting in cases arising out of business acquisitions (acting for and against former management); failed investments that have been misappropriated and/or mismanaged; trusts; and HM Revenue & Customs enquiries. Much of Vlad’s work is international. In addition to UK and European clients, he has acted for individuals and entities from India, Kazakhstan, Nigeria, Russia, Ukraine and the United States.
Vlad is a partner at Peters & Peters in London. A specialist in multi-jurisdictional commercial litigation and international arbitration, Vlad also has experience of acting in cases involving parallel criminal proceedings and investigations by the Serious Fraud Office. He holds a PhD in law and economics from the London School of Economics. Vlad is a commercial litigator specialising in the field of complex corporate and financial fraud. He acts in the High Court and arbitral proceedings that also tend to engage criminal process and involve emergency without notice applications to seize property and assets. Vlad’s experience covers both obtaining and challenging freezing injunctions. Since joining Peters & Peters in 2009, Vlad has represented clients in a range of high-profile, high-value civil and criminal cases. He has worked on matters involving allegations of breach of fiduciary duty, corruption, dishonesty, fraudulent misrepresentation, misappropriation, money laundering, price fixing and unlawful financial assistance. Vlad has particular experience of acting in cases arising out of business acquisitions (acting for and against former management); failed investments that have been misappropriated and/or mismanaged; trusts; and HM Revenue & Customs enquiries. Much of Vlad’s work is international. In addition to UK and European clients, he has acted for individuals and entities from India, Kazakhstan, Nigeria, Russia, Ukraine and the United States.
Greg Fullelove, LL.M. (Leiden)
Greg Fullelove is a Partner and Head of the International Arbitration Group at Osborne Clarke LLP. He has been counsel and advocate in numerous international commercial arbitrations both in ad hoc proceedings and institutional arbitrations, for example under the LCIA, ICC, SCC, DIS, and UNCITRAL rules. He also acts in investment treaty arbitrations, including under the ICSID rules. Greg has significant expertise of arbitration in the life sciences, energy and natural resources, digital business and financial services sectors. Greg has also been appointed as an arbitrator in LCIA, ICC and UNCITRAL proceedings and has acted as an expert witness on English arbitration law and practice in the US courts (following appointment by an energy major). He is frequently asked to speak on international arbitration at conferences and universities in the UK and abroad (including at the universities of Leiden, Oxford and Reading). Greg has been recognised as a "Global Leader" in International Arbitration by Who’s Who Legal. Legal 500 lists him as a leading practitioner in the field, and he is also recognised by Chambers and Partners. He is an editor of the Wolters Kluwer practitioner texts Arbitration in England (2013) and the forthcoming International Arbitration in England: Perspectives in Times of Change (2022).
Greg Fullelove is a Partner and Head of the International Arbitration Group at Osborne Clarke LLP. He has been counsel and advocate in numerous international commercial arbitrations both in ad hoc proceedings and institutional arbitrations, for example under the LCIA, ICC, SCC, DIS, and UNCITRAL rules. He also acts in investment treaty arbitrations, including under the ICSID rules. Greg has significant expertise of arbitration in the life sciences, energy and natural resources, digital business and financial services sectors. Greg has also been appointed as an arbitrator in LCIA, ICC and UNCITRAL proceedings and has acted as an expert witness on English arbitration law and practice in the US courts (following appointment by an energy major). He is frequently asked to speak on international arbitration at conferences and universities in the UK and abroad (including at the universities of Leiden, Oxford and Reading). Greg has been recognised as a "Global Leader" in International Arbitration by Who’s Who Legal. Legal 500 lists him as a leading practitioner in the field, and he is also recognised by Chambers and Partners. He is an editor of the Wolters Kluwer practitioner texts Arbitration in England (2013) and the forthcoming International Arbitration in England: Perspectives in Times of Change (2022).
Keynote Lecture: Arbitration and Territorial Disputes
Speaker's Bio
Prof. Dr. Jure Vidmar
Prof. Dr. Jure Vidmar is Chair of Public International Law at Maastricht University in the Netherlands. He is also a Member of the Permanent Court of Arbitration in The Hague, Member of the OSCE Court of Conciliation and Arbitration in Geneva, and is appointed by the European Commission to the List of Candidates Suitable for Appointment as Arbitrators and Trade and Sustainable Development Experts in Bilateral Disputes under Trade Agreements with Third Countries. He has also served as Judge ad hoc of the European Court of Human Rights.
Prof. Dr. Jure Vidmar is Chair of Public International Law at Maastricht University in the Netherlands. He is also a Member of the Permanent Court of Arbitration in The Hague, Member of the OSCE Court of Conciliation and Arbitration in Geneva, and is appointed by the European Commission to the List of Candidates Suitable for Appointment as Arbitrators and Trade and Sustainable Development Experts in Bilateral Disputes under Trade Agreements with Third Countries. He has also served as Judge ad hoc of the European Court of Human Rights.
Topic
This keynote will consider the patterns, strengths and pitfalls of arbitrating territorial disputes. It will focus on two main issues: how international arbitration is used as a method of peaceful settlement of territorial disputes; and how arbitral tribunals address territorial disputes when settling other disputes (e.g. in investment arbitration). In the context of the use of arbitration as a means of peaceful settlement of territorial disputes, particular attention will be paid to jurisdiction of arbitral tribunals, participation of states and non-states in the proceedings, the choice of law and the problem of enforcement. The lecture will also address those situations where a territorial dispute appears in arbitral proceedings incidentally and/or as an ancillary question. It will discuss how arbitral tribunals ensure (or not) that they stay within the boundaries of their jurisdiction; how they apply the rules of public international law, and what can be done in arbitration where these rules are inconclusive.
Registration for Online Attendance
All online participants are requested to register in advance for the keynote lecture under the following link.
Reflective Journal
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 London Summer 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.
Requirement for being awarded the Certificate of Completion:
- Timely submission of a reflective journal that respects the instructions listed in the template for the Reflective Journal (see below) is a prerequisite for being awarded the Certificate of Completion of the London Summer Arbitration School on Friday, 21 June 2024.
- Late submissions cannot be taken into account.
Template and Instructions:
- Please use this template for your Reflective Journal.
- On the first page of the template, you find all instructions in relation to the Reflective Journal.
Upload
- Deadline: You must upload your Reflective Journal no later than Thursday, 20 June 2024, 17:30 BST.
- Upload link: Please click here to start the process. 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.
- Labeling and format: Please name your file "Last name_Reflective Journal LSAS 2024" (example: "Petrig_Reflective Journal LSAS 2024") and upload it in Word format.
- Access to the journal: Please note that only the organizers (but not the other participants) are able to see your Reflective Journal.
Certificates of Completion and Diploma
- Certificates of Completion: You can download your Certificate of Completion here.
- Diploma in International Arbitration: Participants who have successfully completed the Basel Winter Arbitration School (BWAS) and the London Summer Arbitration School (LSAS) can download their Diploma in International Arbitration here.
Please note that we are only handing out paper certificates/diplomas to those attending the Closing Ceremony; we will not send any certificates/diplomas by post.
Pictures
You find pictures of the LSAS 2024 here.