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Basel Winter Arbitration School 2024

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Basel Winter Arbitration School
5-9 February 2024

You find the programme of the Basel Winter Arbitration School (as of 10 January 2024) here.
Participants list: You find the list of the participants of the BWAS 2024 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 details:
  • Zoom login for all classes from Monday to Friday:
    • login: https://unibas.zoom.us/j/62548685749
    • Meeting-ID: 625 4868 5749
  • Please use the following link to register in advance for the opening lecture on Monday, 5 January 2024:
    • registration: https://unibas.zoom.us/meeting/register/u5ckduuvqjsuG9Q27ZwxBHlesdDWAz3tFGWH
    • 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 keynote lecture on Friday, 9 February 2024:
    • registration: https://unibas.zoom.us/meeting/register/u5wpde2hrDovG9I6c0tVcFnc27lKBuzG4HK4
    • The lecture will start at 16:00 CET, you can only log in if you registered in advance.
Opening Reception (Monday, 5 February 2024)
  • 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, 5-9 February 2024)
  • Place: all classes take place at the Law Faculty (in German: Juristische Fakultät), WWZ Auditorium (enter the Law Faculty - there is only one entrance - and turn immediately to the right, walk through the corridor and you will see the Arbitration LAB banner in front of the lecture hall); all breaks take place in "La Pause", which is a room located one level below the lecture hall (please follow the signs and the crowd)
  • Address: Peter Merian-Weg 8, 4052 Basel
  • How to get there:
    • Tram/Bus to "Bahnhof SBB", from there 10 minutes by foot
    • Tram 10 (direction Dornach), Tram 11 (direction "Aesch Dorf") to "Peter Merian", from there 3 minutes by foot
    • Tram 15 (direction "Jakobsberg") to "Grosspeterstrasse", from there 3 minutes by foot
Keynote and final reception (Friday, 9 February 2024)
  • 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 3 May 2022) here.
  • WLAN at the Law Faculty: 
    • 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 3.80); there is a cheaper ticket for short distances.
  • Bus: take Bus 50 from the airport to Basel "Bahnhof SBB" (terminal station); there you find all necessary tram and bus connections to reach your destination.
  • Ticket: 3-Zonen-Ticket (ticket machine at the bus station), adult full rate, CHF 6.10.
There are several options to get lunch close to the Law Faculty or to buy food for dinner/cooking.
  • Groceries: "Migros" and "Coop" are the two big supermarket chains in Switzerland.
  • Law Faculty: There is a canteen on the ground floor called "La Strada" where you can buy sandwiches, snacks, salads, and daily hot meals. There are microwaves and drinking water stations available. Please bring your own (refillable) water bottle - all tap water in Basel is of drinking quality!
  • Bahnhof SBB: Inside the train station, you have several options to get takeaway food. At Migros Eatery you can either buy food to go or you can sit down; there is also a “Migros” supermarket in the basement.
  • Gundeldingen (area close to the Law Faculty): in Gundeldingen (walk to the tram station "Peter Merian", then cross the railways using the small bridge), there are several restaurants and shops.
    • Burger Place "La Manufacture", Hochstrasse 56 (make sure to ask the staff how long your order will take since we have rather short lunch breaks).
    • Asian takeaway "Ploy Siam", Güterstrasse 187.
    • At Güterstrasse, you also find "Coop" and "Migros" (supermarkets with "to go"-options).
Basel
  • Bars: Most of the bars are in the city center in "Grossbasel" and on the other side of the Rhine in "Kleinbasel". Both parts are connected with the bridge "Mittlere Brücke". If you want to enjoy a nice view over Basel, go to "Bar Rouge" in the Messeturm at Messeplatz in Kleinbasel.
  • Sport: Popular places to go for a walk or run are along the river Rhine, at "Lange Erle", "Grün 80" or in one of the lager parks such as "Schützenmattpark" or "Kannenfeldpark". Bouldering/climbing at Elys boulder loft, "Fitnesspark Heuwaage" gym with sauna has day passes, "Kunsteisbahn Margarethen" ice skating rink close to Law Faculty, Spinning classes at "Cyclostudiobasel".
  • Museums:
  • Walks:
    • Dreiländereck: you can walk along the Rhine on the right side ("Kleinbasel") all the way down to the port where you will find the "Dreiländereck" (border triangle CH, DE, FR).
    • Bruderholz: a hill close to the Law Faculty with meadows, forests, and views over the city.
    • Along the river Rhine starting at "Mittlere Brücke" (up or down the stream); take any bridge or a ferry (3 CHF) to the other side of the river to walk back.
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.
  • Mount Titlis: another marvelous mountaintop (3238 m), accessible by cable car, with a beautiful view over the Swiss Alps. Train to Engelberg.
For every day of the school (except Monday), the organizers propose one or several social activities which shall allow the participants to meet and to better 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 programme. The following WhatsApp group serves as a communication and coordination channel: link following - 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, 4 February 2024, all museums in Basel have free admission.
  • We recommend the exhibition about the Basel Carnival, which is listed as 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 from 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 which 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).
Drinks with a view at Amber Bar (optional, no-host, at participant's costs and risks)
  • 19:30 at Kaserne Basel, Amber Bar 
  • To get there, take public transportation (such as tram 8 in direction of "Weil am Rhein") to "Kaserne"
  • For more information about the bar, please visit their website: website
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 direction of "Eglisee/Badischer Bahnhof" to "Kunstmuseum" (approx. 4 min).
  • The general exhibition is free on Wednesday evenings from 17:00-20:00 for everyone.
  • 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, 7 February 2024).
  • Afterwards you can meet up at Flanagans Irish Pub, which is located right next to the museum.
Guided city tour (optional, hosted) and drinks at Alchemist Bar (optional, no host)
  • The starting point of the walking tour is at Lohnhof in Basel (in front of the Münster, the big "cathedral" in the city center).
  • The tour starts at 18h30 sharp and will last for 90 minutes.
  • The theme of the tour is "Witchcraft and Pact with the Devil - Witch Hunts in Basel".
  • The endpoint of the walking tour is the bar Alchemist where you can have a drink after the tour (optional activity, no-host, at the participant's costs and risks).
Goodbye drinks at Grenzwert Bar (optional, no host, at participant's costs and risks)
  • After the final 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)
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 are in the folder, you can download item per item or you can 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 rules.
Prof. Catherine Rogers, LL.M. (Yale)
Catherine is a professor of law at Bocconi University in Milan Italy. She specializes in ethics and professional regulation in international arbitration. She is the founder and CEO of Arbitrator Intelligence, a legal tech startup. Among other appointments, Catherine is a Reporter for the American Law Institute’s Restatement of the U.S. Law of International Commercial and Investor-State Arbitration and was a co-chair of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration together with William W. Park.
Catherine Rogers will be lecturing on the topic "The Impartiality and Legitimacy of International Arbitrators". The keynote will propose a new theory for understanding the meaning of arbitrator impartiality and examine the structural benefits of party appointment in arbitral tribunal decision-making. As adjudicators, international arbitrators are a unique balance between party autonomy and impartiality. In international arbitration, typically each party selects, with minimal formal constraints, one "party-appointed arbitrator". The two party-appointed arbitrators then select a chairperson, often in direct consultation with the parties who appointed them. Parties routinely identify the ability to select arbitrators as one of the main reasons they choose international arbitration to resolve their disputes. However, arbitrators are expected to act impartially in rendering just and legal outcomes once appointed. In recent years, critics question whether arbitrators who are intentionally selected by parties for a particular case are truly capable of impartial decision-making. Critics have directed such questions with particular seriousness at investment arbitrators. In both contexts, questions about arbitrators’ impartiality implicate the very legitimacy of arbitrator decision-making and have led to proposed reforms. In commercial arbitration, some critics propose eliminating party-appointed arbitrators altogether. In investment arbitration, critics propose completely replacing investment arbitrators with a permanent investment court.
Please use the following link to register in advance for the opening keynote on Monday, 5 January 2024:
  • Registration: https://unibas.zoom.us/meeting/register/u5ckduuvqjsuG9Q27ZwxBHlesdDWAz3tFGWH
  • The lecture will start at 17:30 CET, you can only log in if you registered in advance.
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 the creator and director of the online course International Investment Law and Dispute Resolution.
Readings
Slides
  • You find the slides of Class 1 of Prof. Kryvoi here.
  1. What are the distinctive features of international arbitration as a method of dispute resolution?
  2. What means of alternative dispute resolution other than arbitration do you know?
  3. What procedural elements make various arbitration frameworks different (you may wish to draw a list of "comparative items" which may serve you as an analytical grid when listening to the following lectures)?
  4. Anything else you want to remember about the topic (optional)?
Prof. Dr. Dr. h.c. Anne Peters, LL.M. (Harvard)
Anne Peters is director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg (Germany), and a professor at the University of Heidelberg, Free University of Berlin, and University of Basel (Switzerland). She was a member (substitute) of the European Commission for Democracy through Law (Venice Commission) from 2011 to 2014, and was a legal expert for the Independent International Fact-Finding Mission on the Conflict in Georgia in 2009. Professor Peters was president of the European Society of International Law (2010–2012), and has served on the governance board of various learned societies such as the German Association of International Law, the German Association of Constitutional Law, and the Society of International Constitutional Law. She is currently vice president of the Basel Institute of Governance. Professor Peters was a Fellow at the Wissenschaftskolleg in Berlin (2012–2013), and held visiting professorships at the universities of Beijing (Beida), Paris I, Paris II, Sciences Po, and Michigan. She held the chair of public international law at the University of Basel from 2001 to 2013. She obtained the Habilitation qualification at the Walther-Schücking-Institute of Public International Law at the Christian Albrechts University Kiel on the basis of her Habilitation thesis, "Elements of a Theory of the Constitution of Europe", in 2000. Her current research interests relate to public international law including its history, global animal law, global governance, global constitutionalism, and the status of humans in international law. Professor Peters has taught international law, human rights law, international humanitarian law, the law of international organizations, European Union law, comparative constitutional law and constitutional theory, and Swiss constitutional law.
Readings
  • Charles H Brower II, "Arbitration", in Anne Peters (ed), Max Planck Encyclopedia of Public International Law (OUP), last updated February 2007; mandatory reading before the class (this is the same article as for Class 1 - see above): paras 1, 5, 9-41.
  • 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, 77-78 = mandatory reading before the class.
Decisions:
Rules: Compilation of Rules On Transparency: Class 2, Rules, Transparency.
Slides: You find the slides of Class 2 here.
  1. What are the rationales of transparency in arbitration, and do we need to distinguish between inter-state, “mixed” (notably investor-state), and commercial arbitration?
  2. To what does “transparency” in arbitration refer (i.e. what exactly is made transparent)? What are the historic milestones?
  3. Do you agree with the statement by Charles H. Brower II (in the readings, para. 5)? Brower says that the distinction between arbitration and judicial settlement “remains fundamental”, due to “the range of interests brought to bear”. In arbitration, interests beyond the two parties’ interests play no role, and therefore “arbitral tribunals may see the disputing parties as their sole audience”.
  4. Anything else you want to remember about the topic (optional)?
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 (2013) and UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration; Class 3, Rules, UNCITRAL.
Decisions: Timor Sea Conciliation (Timor-Leste v. Australia), Decision on Australia's Objections to Competence, 19 September 2016, PCA Case Nº 2016-10; optional reading.
Slides: You find the slides of Class 3 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?
  4. Anything else you want to remember about the topic (optional)?
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 7, Legal Bases, UN Guiding Principles on BHR.
Decisions: Bangladesh Accord Arbitrations, Decision on Admissibility Objection and Directions on Confidentiality and Transparency, Procedural Order No 2, 4 September 2017, PCA Case No. 2016-37; optional reading.
Slides: You find the slides of Class 4 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?
  4. Anything else you want to remember about the topic (optional)?
Dr. iur. Dražen Petrović, LL.M. (EUI Florence)
Dražen Petrović is Registrar of the Administrative Tribunal of the International Labour Organization, the oldest and the most productive international administrative tribunal. He is also Associate Member of Institut du droit international (IDI) and Visiting Professor of IOMBA master’s programme at Geneva University. Prior to becoming Registrar of the ILO Administrative Tribunal, he was Principal Legal Officer of the ILO, providing legal advice to the ILO bodies as well as defending the ILO legal interest in outside disputes. Before joining the ILO, he worked as legal officer at the United Nations Compensation Commission and as consultant for the UN Human Rights Center. Before coming to Switzerland, he taught international public law at Sarajevo University Law School. In parallel, he regularly teaches courses at Geneva University, gives lectures at other universities, participates in international conferences and colloquia, and writes articles about verious topics of international law. Drazen graduated law at Sarajevo University, obtained a Master of Science in Law at Belgrade University, LL.M at the European University Institute in Florence and a Ph.D decree at Geneva University.
Readings
Rules: ILO, Statute and Rules of the Administrative Tribunal, 2021: Class 5, Rules, ILO Administrative Tribunal
Slides: You find the slides of Class 5 here.
  1. Why should labour disputes within international organizations not be brought before national courts of justice?
  2. What type of disputes are brought before international administrative tribunals and who has access to those tribunals?
  3. Is immunity of national jurisdiction of international organizations a denial of justice?
  4. Anything else you want to remember about the topic (optional)?
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 6, Rules, ICSID Convention, Regulations and Rules
Slides:  You find the slides of Class 6 here.
  1. What are the three most important things you want to remember about the system of investor-State dispute settlement?
  2. What makes the ICSID Convention particularly suitable to settle disputes between investors and States?
  3. Do you think the criticisms of the system of investor-State dispute settlement are justified?
  4. Anything else you want to remember about the topic (optional)?
Dr. iur. Bernd Ehle, LL.M. (Northwestern)
Bernd Ehle is a partner at LALIVE specializing in international arbitration. He has acted as counsel and arbitrator in more than 80 international arbitral proceedings brought under many of the major arbitration rules, including the ICC, Swiss, DIS, VIAC, LCIA, ICSID, NAI, KCAB, DIA and UNCITRAL rules, and governed by civil law and common law. Bernd Ehle’s practice focuses on complex, high-value disputes involving in particular major infrastructure and construction projects, joint venture agreements, M&A transactions and sales and distribution contracts. He has extensive experience in a broad range of industries, including energy (oil & gas, solar), telecommunications, life sciences, automotive, aviation and shipping. He also represents parties in arbitration-related court proceedings, especially relating to the setting aside of international arbitral awards before the Swiss Federal Supreme Court. Bernd Ehle has for several years been recognized as a leading practitioner by Chambers, Legal 500 and Who’s Who (both Arbitration and Construction). He is a Fellow of the Chartered Institute of Arbitrators (CIArb) and a former member of its European Branch committee. From 2007 to 2017 Bernd Ehle co-chaired the Geneva Group of the Swiss Arbitration Association (ASA). He is a member of the Arbitration Court of the Swiss Arbitration Centre, a member of the Executive Committee of the Foundation for International Arbitration Advocacy (FIAA) and co-chairs the Construction Group of the German Arbitration Institute (DIS). Bernd Ehle regularly speaks at conferences and publishes about international arbitration and construction law.
Prior to joining LALIVE in 2003, Bernd Ehle practiced litigation and commercial law with Graf von Westphalen in Freiburg i.Br., Germany (2000-2003). He studied law at the Universities of Freiburg i.Br., Heidelberg and Geneva from 1991 to 1996 before passing his First and Second State Examinations in 1996 and 1998, respectively. Bernd Ehle holds an LL.M. from Northwestern University School of Law, Chicago (2000) and a Ph.D. from the University of Heidelberg (2001).
Readings: Sam Moss & Matthias Scherer, "Resisting Enforcement of a Foreign Arbitral Award under the New York Convention" (2008) 51 IPBA Journal 17-26; mandatory reading before the class.
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?
  4. Anything else you want to remember about the topic (optional)?
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 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: Bernard H Oxman, "Choice of Forum for Settlement of Law the Sea Disputes", in Hélène Ruiz Fabri, Erik Franckx, Marco Benatar & Tamar Meshel (eds), A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea (Brill 2021), 83-104; mandatory reading before the class.
Rules: United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force on 16 November 1994), 1833 UNTS 3: Class 8, Rules, UNCLOS (only parts of the treaty will be used; most notably provisions of Part XV and Annex VII governing arbitration)
Slides: You find the slides of Class 8 here.
  1. Please comment on the following: Although the system created in article 287 UNCLOS is unusual with its combination of compulsory dispute settlement together with a choice of forum, it is – all things considered – a helpful approach. Or do you see disadvantages?
  2. Please comment on the following: Once the arbitral tribunal is operational, the measures decided upon earlier by the International Tribunal for the Law of the Sea (ITLOS) will evaporate, and may need to be re-established by the arbitral tribunal.
  3. Please comment on the following: The system in Part XV is unfavourable to developing countries, as it pushes Parties towards arbitration which is quite costly.
  4. Anything else you want to remember about the topic (optional)?
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 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 9 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?).
  4. Anything else you want to remember about the topic (optional)?
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.”

Marco Vedovatti
Marco Vedovatti is an attorney-at-law admitted to the Bar in Switzerland and Spain and a partner of Bratschi law firm. He holds a law degree from the University of Fribourg (Switzerland), an LL.M. in International Sports Law (first of his promotion) from the ISDE in Madrid (Spain), a postgraduate degree in Spanish law from the University of Alcalá de Henares (Spain), and has completed a Masters course in Business and Human Rights delivered by the University of Bergen (Norway), the Institute for Human Rights and Business (UK) and the Rafto Foundation (Bergen). His practice focuses on international sports and commercial arbitration, and has over ten years of PQE (first at Cuatrecasas in Madrid and then at Schellenberg Wittmer in Zurich). He has represented clients in complex and high-profile sports disputes before arbitration tribunals and the Swiss Supreme Court in set-aside proceedings of arbitration awards. He currently teaches international sports arbitration at the ISDE in Madrid (Spain) and the University Externado in Bogotá (Colombia).
Readings: Estelle de La Rochefoucauld & Matthieu Reeb, "Sport and Human Rights - Overview from a CAS Perspective", 20 June 2022; optional reading.
Decisions:
Rules
  • Court of Arbitration for Sports (CAS), Code of Sports-related Arbitration, 1 July 2020: Class 10, Rules, CAS Code
  • Court of Arbitration for Sports (CAS), Code of Sports-related Arbitration, 1 November 2022: Class 10, Rules, CAS Code 2022
  • Court of Arbitration for Sports (CAS), Arbitration Rules - CAS Anti-Doping Division: Class 10, Rules, CAS ADD Rules
  • Court of Arbitration for Sports (CAS), Arbitration Rules Applicable to the CAS Anti-Doping Division, Olympic Games Tokyo 2020: Class 10, Rules, CAS ADD Rules Tokyo Olympics
  • Court of Arbitration for Sports (CAS), Arbitration Rules applicable to the CAS Anti-Doping Division Olympic Games Beijing 2022: Class 10, Rules, Arbitration Rules CAS ADD, Beijing 2022
  • Court of Arbitration for Sports (CAS), Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round: Class 10, Rules, Arbitration Rules CAS AHD FIFA WC 2022
  • Court of Arbitration for Sports (CAS), Arbitration Rules for the Olympic Games July 2021: Class 10, Rules, CAS Rules Olympic Games
  • Swiss Private International Law Act (PILA) of 18 December 1987 (as in force 1 January 2021): Class 10, Rules, Swiss PILA Excerpt
  • Swiss Code of Civil Procedure (CCP) of 19 December 2008 (as in force from 1 January 2021); Class 10, Rules, Swiss CCP Excerpt
Slides: You find the slides of Class 10 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? 
  4. Anything else you want to remember about the topic (optional)?
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 11 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.
  4. Anything else you want to remember about the topic (optional)?
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?
  4. Anything else you want to remember about the topic (optional)?
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.

Anya George, MA (Cambridge)
Anya George is a partner in Schellenberg Wittmer’s dispute resolution group. As a trilingual and dual qualified lawyer (Switzerland and England & Wales), she represents states, state-owned entities and private companies in complex multi-jurisdictional disputes across a wide range of sectors, with particular emphasis on energy infrastructure, commodities and natural resources, insurance and reinsurance contracts, and manufacturing and sales agreements. Anya has acted in over 60 arbitrations under the ICC, LCIA, CAS, UNCITRAL and Swiss Rules, as well as in ad hoc proceedings. Anya is a lecturer in International Commercial Arbitration at the University of Zurich. She is also a member of the ICC Swiss Commission of Arbitration and ADR and of the Board of the Swiss Arbitration Association (ASA).
Prof. Dr. Thomas Schultz, LL.M. (EALT)
Thomas is Associate Director of the Centre for International Governance and Dispute Resolution (CIGAD) and Professor of Law at The Dickson Poon School of Law, King’s College London.  He works in the fields of arbitration, transnational commercial law, and legal theory. His main current projects are interdisciplinary studies of international arbitration (law and political science, law and literature, law and philosophy) dealing with legitimacy issues in arbitration, the conditions of production of arbitration scholarship and other knowledge about arbitration, dispute settlement and justice values in arbitration, the mechanics of arbitration’s resistance to wider social influence, and factors of arbitrator decision-making.  Thomas is also the Editor-in-Chief of the Journal of International Dispute Settlement, and an editorial board member of four further journals and books series on arbitration, international law, transnational law, and legal philosophy.His work has been awarded the Jubilee Prize of the Swiss Academy of Humanities and Social Sciences.
Thomas Schultz will be lecturing on the topic "Investment Arbitration: How to Get Through?": Investment arbitration, as a system, seems not to change much. Change the BITs, the decisions come out the same. Change the procedure, only experts seem to notice a real difference. Change who has a say in it by opening it to amicus curiae, their voices seem to fade out before they reach the award. And all the while, a diffuse discontent simmers in political circles. How come? Has the system, like so many others, simply become disembedded from society, too much cut off from the rest of us? Or perhaps the way we look at the system, the way we approach its dynamics, is formalistic and naive, leading interventions in it to misfire. Perhaps, also, we misunderstand what exactly the discontent is about, as we put all forms of investment arbitration in the same bag. Perhaps there is something about the way justice is thought of in investment arbitration that has departed from arbitration’s millennial history. And perhaps the way we argue about it all is like shouting across a wide chasm, mainly hearing the echo of our own voice. The system of investment arbitration was built in the hope that the combination of the individual interests of its different actors would further common interests, the common good. That the functions it has for its different stakeholders would advance wider, higher aims for society. How has that worked out? Not so well, many studies suggest. But the studies may be too enthusiastic in their findings, based on a common error. This lecture will tell these different stories of and about investment arbitration, and conclude by arguing for humility and caution as we approach this creature and try to find a way through to where we would want it to be.
Please use the following link to register in advance for the keynote lecture on Friday, 9 February 2024 :
  • Registration: https://unibas.zoom.us/meeting/register/u5wpde2hrDovG9I6c0tVcFnc27lKBuzG4HK4
  • The lecture will start at 16:00 CET, you can only log in if you registered in advance.
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 the following template for the Reflective Journal.
  • The template lists all requirements concerning the Reflective Journal.
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, 9 February 2024.
  • You must upload your reflective journal no later than Thursday, 8 February 2024, 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 2024" (example: "Petrig_Reflective Journal BWAS 2024") and upload it in Word format.
*** For the pictures of the diploma / certificate cermony, please follow this link ***
Certificates of Completion: Provided you successfully completed the BWAS 2024, 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 find pictures of the BWAS under this link.