CIArb’s Europe Branch, in association with Hillmont Partners, a reputable British-Ukrainian law firm, invites you to join us for a special discussion on cooling-off periods that under bilateral investment treaties provide an opportunity to resolve disputes amicably. Taking place on 20 October 2021 at 4.00pm Kyiv time/3.00pm CET, please check your local time zone.
Our renowned speakers and esteemed moderators, arbitration practitioners representing ICSID, state authorities, arbitration institutions and private practice, including top representatives from arbitration institutions such as ICSID, as well as of governments and state agencies, from private practice and beyond, will address how this investor-state mechanism may interplay with the dynamics of international mediation and arbitration with states.
Our keynote speaker will be Ms. Meg Kinnear, ICSID’s Secretary General, whose topic will be: “Cooling Off Periods, Settlement of Investment Disputes and the New ICSID Mediation Rules”. Her speech will be followed by a debate between a private practitioner and a former governmental representative.
They will highlight current legal frameworks and regulations in the EU, US and Ukraine, discuss the examination and consideration procedure of the BIT dispute notice and provide recommendations for BIT claimants on what should be done during the cooling-off period. The debate with revolve around the following subtopics (inter alia):
The drafting of a cooling-off period clause in a BIT: why, how and when ?
Are there different types of such clauses ?
Do investors and states have different perspectives on the best use of this period ?
How frequently are they used in practice ?
Any differences between ICSID and UNCITRAL mechanisms as to how these period are managed and processed?
How do cooling-off periods, mediations and conciliations interact ?
To what extent do the new rules express ICSID’s favorable position towards the amicable resolution of disputes?
Which rules between the ICSID mediation rules and the ICSID conciliation rules should be favored during a cooling-off period?
What are the hurdles / disadvantages preventing users from using the mediation rules during a cooling off period ?
Do BIT’s, in general, ensure compliance with the cooling-off period?
What means are available to the arbitral tribunal to sanction non-compliance with the cooling-off period?
Registration: Access to this event is complimentary, however pre-registration is required.
Secretary-General, International Centre for Settlement of Investment Disputes (ICSID) Washington, DC
Meg Kinnear is a Vice President of the World Bank Group and Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID). As Secretary-General, she oversees a staff of 70 people, administering more than 300 investment arbitrations each year.
Ms. Kinnear was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada. In November 2002, Ms. Kinnear was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, Ms. Kinnear was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, Ms. Kinnear was Counsel at the Civil Litigation Section of the Canadian Department of Justice (from June 1984 to October 1996).
Ms. Kinnear is called to the Bar of Ontario (1984) and the Bar of the District of Columbia (1982). She received a Bachelor of Arts (B.A.) from Queen’s University in 1978; a Bachelor of Laws (LL.B.) from McGill University in 1981; and a Master of Laws (LL.M.) from the University of Virginia in 1982.
Ms. Kinnear is currently Editor-in-Chief of the ICSID Review, has published numerous articles on international investment law and procedure, and is a frequent speaker on these topics. She is also a co-author of Investment Disputes under NAFTA (published in 2006 and updated in 2008 & 2009), Federal Court Practice (1988-1990, 1991-1992, and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).
Dmitry Davydenko has experience as an arbitrator in the ICC and other arbitral proceedings and is listed as a recommended arbitrator of the International Commercial Arbitration Court, Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry, and other reputed arbitral institutions.
Executive Secretary of the Expert Council under the ICC Russia Commission on Arbitration. Included in the list of best practitioners in arbitration in Russia as of the years 2017 – 2021 by Who’s Who Legal and Global Arbitration Review (GAR). He also acts as a Russian law expert on various matters related to international commerce.