McGeorge School of Law

Global Center Hosted Investment Treaty Dispute Settlement Symposium

February 21, 2016

Symposium Participants

(from left): Back Row: Stephen C. McCaffrey, Fabio Morosini, Won Kidane, Jan Dalhuisen, Kenneth J. Vandevelde, Neil A.F. Popović, Jason Yackee, William Dodge, Patrick W. Pearsall; Front Row: Steven R. Ratner, Jonathan D. Greenberg, Jarrod Wong, Andrea K. Bjorklund, Alan O. Sykes, Sergio Puig (not shown: Roger P. Alford and The Hon. Jeffrey L. Bleich)

McGeorge School of Law and the Global Center hosted "Grappling With Investor-State Dispute Settlement In and Beyond the Trans-Pacific Partnership and Transatlantic Trade and Investment Partnership," an investment treaty dispute settlement symposium, on Friday Feb. 19, 2016.

Analyzing ISDS in light of the global debates swirling around TPP and T-TIP, the symposium participants explored the acute tensions underlying the legitimacy crisis confronting investment arbitration and considered how treaties or their interpretation may be recalibrated to strike that elusive balance between the sovereign right to regulate and investment protection.

The program featured:

Introduction and Remarks: The TPP, T-TIP and Forum non Concurrence in ISDS
Jarrod Wong, Professor of Law and Co-Director of the Global Center, McGeorge School of Law

Panel I: Panacean Principles in International Investment Law

  • The Legitimacy Crisis of Investment Arbitration, Roger P. Alford, Associate Dean for International and Graduate Programs, Professor of Law, Notre Dame Law School
  • Visions of Global Justice in International Investment Law, Steven R. Ratner, Bruno Simma Collegiate Professor of Law, University of Michigan Law School
  • Moderator: Kenneth J. Vandevelde, Professor of Law, Thomas Jefferson School of Law

Panel II: The Conjoined Twins of Incentive and Accountability

  • ISDS Under the TPP: The Promise of More Transparent and Accountable International
  • Arbitration Procedures, The Hon. Jeffrey L. Bleich, United States Ambassador (ret.), Partner, Munger, Tolles & Olson LLP
  • Limits to Liberalization in TPP, Jason Yackee, Associate Professor of Law, University of Wisconsin Law School
  • Moderator: Alan O. Sykes, Professor of Law, Professor of Law, Stanford Law School

Panel III: Public Purpose and the Three-Dimensional Role of the State in ISDS

  • Are there super-public purpose considerations under international law as fundamental principle or ius cogens that override investment treaty law?, Jan Dalhuisen, Professor (Emeritus) (Recalled) at The Dickson Poon School of Law, King's College London, Visiting Professor of Law at UC Berkeley, and Miranda Chair of Transnational Financial Law at UC Lisbon
  • The ISDS Trinity and State Exercise of Control, Patrick W. Pearsall, Chief of Investment Arbitration, Office of the Legal Adviser, U.S. Department of State
  • Moderator: Jonathan D. Greenberg, Lecturer in Law and Scholar-in-Residence, Stanford Law School

Panel IV: What and Who Really Decide Who Decides and How It's Decided?

  • The EU's Proposal for an International Investment Court; Will "Judges" and "Members" be better equipped to decide investment disputes than arbitrators?, Andrea K. Bjorklund, Full Professor, L. Yves Fortier Chair in International Arbitration & International Commercial Law, McGill University Faculty of Law
  • Party Affiliation Bias in Arbitration, Sergio Puig, Associate Professor of Law, Director, International Economic Law and Policy Program, The University of Arizona James E. Rogers College of Law
  • Moderator: Neil A.F. Popović, Partner and International Arbitration Team Leader, Sheppard Mullin Richter & Hampton LLP,Lecturer, University of California, Berkeley Law School; and Project Complaint Mechanism Expert, European Bank for Reconstruction and Development.

Panel V: A Brave New World Beyond Investor-State Arbitration?

  • An Appellate Mechanism for Investment Treaty Arbitration, William S. Dodge, Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law
  • South-South Investor-State Dispute Settlement and Contemporary Norms, Won Kidane, Associate Professor, Seattle University School of Law
  • The New Brazilian Agreements on Cooperation and Facilitation of Investments (ACFIs): Navigating between Resistance and Conformity with the Global Investment Regime, Fabio Morosini, Law Professor, Federal University of Rio Grande do Sul, Porto Alegre, Brazil
  • Moderator: Stephen C. McCaffrey, Distinguished Professor of Law, McGeorge School of Law