Works-in-Progress Conference:
Issues in International Dispute Resolution

In cooperation with the University of Missouri International Center

Works-in-Progress Conference

A works-in-progress conference is being organized by the Center for the Study of Dispute Resolution at the University of Missouri School of Law in cooperation with the American Society of International Law (ASIL) Dispute Resolution and Midwest Interest Groups, with additional media assistance from Young ICSID and TDM. The works-in-progress conference will be held at the University of Missouri School of Law on February 2 and 3, 2017.

Submissions

Submissions should discuss an issue involving either public or private international dispute resolution, whether it be in the context of international commercial arbitration, investment arbitration, international mediation, international negotiation, international litigation in national courts or international litigation in international courts. There is no requirement that papers discuss U.S. law. Those submitting proposals should be aware that there is no funding available to assist participants with travel or related costs. Proposals from both practitioners and full-time academics are welcome. Junior scholars, including advanced degree candidates (LL.M., S.J.D. or Ph.D.), and junior practitioners are encouraged to submit abstracts.

Those persons who are selected to participate will be expected to provide a working draft of no more than 60 pages by January 9, 2017. That draft will be circulated to other participants so that they can prepare comments and suggestions. Papers will be presented in small groups, and participants who agree to attend must commit to providing detailed comments, preferably in writing, to other members of their group. All groups will be thematically arranged to the extent possible and moderated by a senior academic experienced in that field.

Schedule (subject to change)

All sessions will be moderated by one of the following ASIL Interest Group chairs: Perry Bechky (Dispute Resolution Interest Group); Cindy Galway Buys (Midwest Interest Group); Freddy Sourgens (Private International Law Interest Group); Milena Sterio (Midwest Interest Group).

Thursday, February 2
1:30 p.m. Welcome
2:00 p.m. First set of panels (triple tracked)

Public international law session 1

Petra Butler (Victoria University of Wellington, New Zealand, and Queen Mary, University of London, United Kingdom) – Are SMEs the Step Children in Global Trade? Which International Dispute Resolution Mechanism Will Help Them to Become Significant Players?

Yuka Fukunaga (Waseda University, Japan) – Abuse of Process under International Law and Investment Arbitration

Choice of law session 1

Bandar Bakhashwin (Emory University School of Law, USA, and King Abdul Aziz University, Saudi Arabia) – Choice of Law Rules on Marriage and Dissolution in the Arab System of Private International Law

William J. Moon (New York University School of Law, USA) – Un-Territorial Choice of Law

Regulatory issues session 1

Catherine H. Gibson (Covington & Bruling, USA) – Trade, Arbitration, and Public Health

Gabriel M. Lenter (Danube University Krems, Austria) – The New Generation of International Investment Agreements and its Implications for the Protection of Intellectual Property Rights Through International Investment Agreements

3:30 p.m. Coffee Break
3:45 p.m. Paul Jean Le Cannu

– Team Leader/Legal Counsel, International Centre for Settlement of Investment Disputes, Washington, D.C. (by video)

4:15 p.m. Coffee Break
4:30 p.m. Second set of panels (triple tracked)

Choice of law session 2

Joshua Karton (Queen’s University Faculty of Law, Canada) – Taking Choice of Law Seriously in International Investment Disputes

Soterios Loizou (King’s College London, The Dickson Poon School of Law, United Kingdom) – Taming the Beast: Establishing the Content of the Applicable Law in International Commercial Arbitration

Regulatory issues session 2

Vyoma Jha (Stanford University Law School, USA) – Parallel Disputes in International Economic Law: The Case of the Renewable Energy Sector

Vera Korzun (Fordham Law School, USA) – The Right to Regulate in Investor-State Arbitration: Slicing and Dicing Regulatory Carve-Outs

ADR session 1

Ya-Fei Chang (National Taiwan University, Taiwan) – Harmonized Legislative Management on Constructing International Enforceable Arbitral Awards in Decentralized Post-Award Bargaining Systems

Lisa J. Laplante (New England Law School, USA) – Privatizing Human Rights Enforcement through Company Level Grievance Mechanisms

6:30 or 7:00 p.m.

Dinner is on your own, though we will make reservations at several area hotels if participants want to go in a group. More information will be available at the conference.

Friday, February 3
7:15 a.m. Bagels and coffee
8:00 a.m. Third set of panels (triple tracked)

Legal theory

Bart L. Smit Duijzentkunst (United Nations Office of Legal Affairs, USA) – Private Rights or Public Interests? Interpreting Investment Protections in International Arbitration

Relja Radović (University of Luxembourg, Luxembourg) – Inherently Unneutral Investment Treaty Arbitration and Never-Ending Excuses

Issues relating to armed conflict

Gilat Bacher (Stanford University Law School, USA) – When Lawyers Go To War: A Study of Plaintiffs’ Lawyers in Palestinians’ Tort Claims Against Israel

Ofilio J. Mayorga (Foley Hoag, USA) – Arbitrating Disputes Under State Contracts in Times of Belligerent Occupation

Cultural heritage

Rebecca E. Khan (Central European University, Hungary) – Procedural Transparency as a Tool for Protecting Cultural Heritage: Third Party Participation by Indigenous Peoples in International Investment Arbitration

Elsa Sardinha (National University of Singapore, Singapore) – The Interplay Between Cultural Heritage Protections in Recent Regional Trade Agreements and Investor-State Arbitration: A Dissection of the Cultural Exceptions in TPP, CETA, EU-Singapore, and EU-Vietnam

9:30 a.m. Transfer break
9:40 a.m.

Lady Justice Joyce Aluoch, Judge and First Vice-President, International Criminal Court (by video)

10:20 a.m. Transfer break
10:30 a.m. Fourth set of panels (triple tracked)

Public international law session 2

Naomi Harlin Goodno (Pepperdine University School of Law, USA) – Strengthening Rule of Law: The Carrot or the Stick?

Tomoko Yamashita (Kyoto University, Japan) – The “Futility Exception” to the Local Remedies Rule in Investor-State Arbitration: Interpretation of Treaty or Incorporation of Custom?

Jurisdictional Issues

Makoto Seta (Yokohama City University, Japan) – Specific Feature of a Norm for Jurisdiction under the Law of the Sea

Sebastian Wuschka (Luther Law Firm, Germany) – Review of Jurisdiction Ex Officio: An ICSID Tribunal’s Duty?

Obstacles to arbitration

Prateek Bagaria (International Dispute Settlement Program (MIDS), Geneva) – Using the Investment Treaty Regime to Affix State Responsibility for Corruption

Luca Boggio (Lawyer, Italy) – Joint Ventures and the Arbitrability of Corporate Disputes

12:00 p.m. Speakers’ lunch (no guests)
1:30 p.m.

Ryan Reetz & Pedro Martinez-Fraga (Bryan Cave, USA) – Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era

12:15 p.m. Fifth set of panels (triple tracked)

Constitutional Concerns

Camilio Soto Crespo (Office of Legal Affairs of the United Nations, Codification Division, USA) – Mexico’s (Patchy?) Road From ISI to TPP: An Ongoing Project Towards Economic Liberalization and International Supervision?

Ammar Jasemi Zergani (Edalat University, Iran) and Khalaf Karimipour (Edalat University, Iran) – The Importance of International Arbitration in the Optimization of Upstream Oil Contracts and the Challenges Facing It

Miscellaneous

Christine Sim (National University of Singapore, Singapore) – ICSID Conciliation: History and Reconstruction

Margie-Lys Jaime R. (Disan LLP, USA) and Maria I. Pradilla Picas (Jones Day, USA) – Counsel Conduct in International Arbitration: An Ethical “No Man’s Land”?

3:45 p.m. Closing

Publication Opportunities

All participants in the works-in-progress conference may submit their papers for expedited review by the University of Missouri’s highly regarded Journal of Dispute Resolution or consideration by the ICSID Review-Foreign Investment Law Journal. While submissions will have to go through the normal publication process and an offer of publication is not guaranteed, the editors of both journals are very interested in reviewing submissions from works-in-progress participants.

The University of Missouri’s award-winning program in dispute resolution consistently ranks as one of the best in the nation. Learn more about the University of Missouri and the Center for the Study of Dispute Resolution on the web.

The American Society of International Law has over 4000 members in over 100 countries dedicated to the study of international law and the establishment and maintenance of international relations on the basis of law and justice. For more on ASIL, the Dispute Resolution Interest Group and the Midwest Interest Group, click here.

Transnational Dispute Management (TDM) is a comprehensive and innovative information service on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc). It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently. Click here for more information. Senior academics and practitioners can apply for a free OGEMID trial membership and students can sign up for Young-OGEMID (which is free)

For more on the University of Missouri’s highly regarded Journal of Dispute Resolution, click here. For more on the ICSID Review-Foreign Investment Law Journal, click here.

Questions should be directed to:

Professor S.I. Strong
University of Missouri School of Law
Email: strongsi@missouri.edu

Papers must be electronically submitted to:

Laura Coleman
University of Missouri School of Law
colemanl@missouri.edu