Join us for a unique roundtable discussion by CIArb’s European branch, over a topic not often covered recently but very relevant in times marked by the powerful comeback of States into the modern arena, where and when political and economic powers often clash. Does arbitration exemplify this conflict, or can it offer a solution? We will hear from governmental representatives versed into investment and commercial arbitration, well-known academics acting as arbitrators and experts, and private practitioners well acquainted with issues of collection of sovereign debts.
Topics to be covered:
Law, diplomacy and sovereign immunity: what does it mean and where does it come from?
International public law versus private international law: do they converge?
Is the issue differently tackled in investment and commercial arbitrations?
Immunity from jurisdiction and from execution: the great divide?
States as agents in the world of international investment and trade: still a reality?
Are Sovereign Funds to be treated as States?
Waiver of immunity: absolute or restrictive approach
The exception of “commercial” assets
Is there a trend in the laws and case law for more protection in favour of States?
The event speakers are Cindy Rayo Zapata, Loukas Mistelis FCIArb, and Stephen Hayes, with moderation by Jacopo Monaci Naldini FCIArb, Burcu Osmanoğlu FCIArb and Metehan Ç. Sonbahar MCIArb. Introductory and concluding remarks will be provided by Jalal El Ahdab MCIArb and Phillip Landolt ACIArb respectively.
Cost(s): Attendance to this event is free of charge, but pre-registration is required.
Cindy Rayo Zapata is General Director of International Trade for Services and Investment, at the Ministry of Economy in Mexico. Cindy focuses her practice on investor- State arbitration and international trade. She has acted as counsel and represented the Mexican government in numerous investment treaty arbitrations, including cases under the NAFTA, ICSID and UNCITRAL arbitration rules. She has acted as counsel of the Mexican government with respect to investment treaty matters and international trade policy issues. She has participated as a trade and investment negotiator of Mexico in numerous investment treaties and international trade agreements. Cindy Rayo has both Bachelor’s Degrees in International Relations and Law by the Instituto Tecnológico Autónomo de México (ITAM) and a LLM in International Law by the Tec de Monterrey (ITESM).
Loukas Mistelis FCIArb, a Greek national, is a Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary University of London. He is an acknowledged authority on international dispute resolution and investment treaty law and is a member of the ICSID Panel of Arbitrators. His research focuses on international dispute resolution arbitration, international commercial transactions, unification of private law, commercial and civil law reform in Central and Eastern Europe and ADR, energy and natural resources and BITs. His substantial arbitration experience includes more than 65 arbitrations and covers ad hoc and ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases. His publications (in English, German, Greek and Russian) include more than 60 referred articles and 13 books. His research includes innovative empirical research into corporate attitudes towards dispute resolution.
Stephen Hayes is an English-qualified solicitor highly experienced in the enforcement of high value arbitration awards against sovereign states. Amongst other matters, Mr. Hayes has acted for Chevron Corporation in enforcing an investment treaty arbitration award against Ecuador for US $100 million+ and in the enforcement of US $2 billion+ ICSID and ICC awards in favour of the ConocoPhillips Company against Venezuela. Mr Hayes also assists clients with asset recovery in civil fraud and insolvency situations. Mr. Hayes’ experience in these practice areas centers around closely coordinated, cross-border proceedings, during which Mr. Hayes and the Kobre & Kim team work cooperatively with local counsel and investigators in jurisdictions across North and South America, EMEA, Asia and key offshore financial centers to locate, secure and ultimately collect assets
Jacopo Monaci Naldini FCIArb is a lawyer based in Florence (Italy). He has more than 20-year experience on international contracts and international disputes with a particular focus in the construction and energy sectors. He is a Fellow of the CIArb, Accredited Faculty Member of the CIArb European Branch and its Vice-Chair.
Burcu Osmanoğlu FCIArb, Attorney at the Istanbul Bar and partner at Osmanoglu Law Firm, Burcu focuses her practice on international arbitration, international commercial law, company law and contract law. Burcu is also the Honorary Secretary and Accredited Faculty Member of the CIArb European Branch.
Metehan Ç. Sonbahar FCIArb is Managing Director with Equitas Consulting. Metehan is dual qualified, both as a legal and a construction expert. He has extensive experience international arbitration and dispute boards. He has acted as quantum and delay expert witness in Europe, Turkey, Russia and the CIS, Africa, and the Middle East.
Jalal El Ahdab (Jil Ahdab) MCIArb is a partner at Bird & Bird.
He is the Head of the Arbitration department in France and a member of the Dispute Resolution practice in the UAE. Jil is the CIArb European Branch’s Chair. He is qualified to practice in Beirut, Paris and New York, and is equally fluent in Arabic, English and French.
Phillip Landolt ACIArb practises international arbitration law at the Geneva law firm Landolt & Koch, and is a part time lecturer at the Faculty of Law of the University of Geneva. For three years he has served as the Honorary Treasurer of the CIArb European Branch.