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Privately-Financed Infrastructure Projects Managing And Resolving Disputes Involving Commercial And State Actors Georgetown University Law Center Washington D.C. October 3 rd & 4 th , 2013 Sixth Investment Arbitration Forum – Sexto Foro de Arbitraje en Materia de Inversión in memoriam Dr. Sonia Rodríguez Jiménez

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Page 1: Privately-Financed Infrastructure Projects · Privately-Financed Infrastructure Projects Managing And Resolving Disputes Involving Commercial And State Actors Georgetown University

Privately-Financed Infrastructure Projects Managing And Resolving Disputes Involving Commercial

And State Actors

Georgetown University Law Center

Washington D.C. October 3rd & 4th, 2013

Sixth Investment Arbitration Forum – Sexto Foro de Arbitraje en Materia de Inversión in memoriam Dr. Sonia Rodríguez Jiménez

Page 2: Privately-Financed Infrastructure Projects · Privately-Financed Infrastructure Projects Managing And Resolving Disputes Involving Commercial And State Actors Georgetown University

PROGRAM

Thursday, October 3rd, 2013 6:00-8:00 p.m. Opening Reception - Georgetown University Law Center (Gewirz Building – See Location)

Friday, October 4th, 2013 8:00 to 8:30 a.m. Registration 8:30 – 8:45 a.m. Welcoming and Opening Remarks

Mark A. Cymrot, FCIArb, Chair, Washington D.C. Chapter of the North American Branch of the Chartered Institute of Arbitrators

8:45 – 9:15 a.m. Privately Financed Infrastructure Projects; the role of the private and public sectors

Philip W. Engle, FCIArb, Chair, North American Branch of the

Chartered Institute of Arbitrators, Mediator and Arbitrator His Excellency Hans Peter Manz, Ambassador of Austria to the

United States Salvador Behar, Legal Counsel for International Trade, Embassy

of México to the United States

Our distinguished panel shares high level policy considerations for privately-financed infrastructure projects, with regional and global perspectives from Europe and the Americas.

9:15- 10:30 a.m. Dispute Prevention, Management and Resolution in Projects financed by Multilateral Institutions

Raul Herrera, Arnold & Porter, Moderator Patricia Sulser, Chief Counsel, International Finance Corporation

(IFC) Tom Mahaffey, Multilateral Investment Guaranty Agency (MIGA),

the World Bank Roberto Echandi, World Bank Group

Our panelists provide insider viewpoints on managing risk through preventative practice, and then resolving disputes that may arise. Special emphasis is on multilateral financing and guaranty institutions in dispute prevention and resolution.

10:30-11:00 a.m. Networking Break

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11:00 a.m. State Contracts and Investment Arbitration - 12:30 p.m.

Mark A. Cymrot, FCIArb, BakerHostetler, Moderator Eduardo Ferrero Costa, Estudio Echecopar, Former Minister of

Foreign Relations of Peru Judd L. Kessler, Porter Wright Paul Stothard, SJ Berwin

Disputes involving sovereigns, and especially state owned entities, are often complex and high-value, and involve issues of illegal expropriation or a violation of international law standards, so-called 'umbrella clauses' in international investment agreements, and more. Our panelists will examine current issues in this arena.

12: 30 - 2:00 p.m. Lunch Keynote Speaker: Anthony Abrahams, Director General of the Chartered Institute of Arbitrators (CIArb) (London)

2:00 - 3:30 p.m. The 'Contrat Administratif’, Non-Arbitrability and Other Issues related to State Contracts and Commercial Arbitration

Professor Don Wallace Jr., Chair of International Law Institute (ILI), Georgetown University Law Center, Moderator

Carmen Nuñez Lagos, Hogan Lovells Bernd Ehle, MCIArb, Lalive Dante Figueroa, Wöss & Partners

When contract monitoring or dispute boards mechanisms fail, complex high-stake arbitrations are often the consequence. The panel of experts provides updates on such subjects such as the "contrat administratif" as applied in Latin America, non-arbitrability, and select issues relating to state contracts and commercial arbitration.

3:30 - 3:45 p.m. Networking Break 3:45 - 5:15 p.m. The But-For Premise to Determine Loss, Causation, Measure of Damages, Quantum and Interest in Investment and Commercial Arbitration

Oscar Arrus, Rubio Leguia Normand, Moderator Herfried Wöss, Wöss & Partners, International Arbitrator Prof. Pablo T. Spiller, University of California, Berkeley Mark A. Kantor, FCIArb, Chartered Arbitrator, International

Arbitrator and Mediator Damages claims are the most important remedy in situations involving breach of contract and the violation of international legal standards. This panel of experts examines some of the legal and economic arguments provided in international (as opposed to purely domestic) disputes.

Comments and Conclusions

Michael D. Nolan, Milibank, Tweed, Hadley and McCloy

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LOCATION, REGISTRATION AND ADDITIONAL INFORMATION

Location Georgetown University Law Center Gewirz Building 120 F Street, N.W. Washington DC 2001 (202) 662-9000 Directions: http://www.law.georgetown.edu/about/maps-directions.cfm About the University: http://www.law.georgetown.edu/ Registration Registration fee includes admission to the Opening Reception, Continental breakfast, breaks, and Lunch. $395.00. Please register online at: http://conta.cc/17k0rZO Refund Policy Cancellations must be made in writing and received by the CIArb at [email protected] by September 27th, 2013 for a full refund of fees. No refund of registration will be granted after that date except in the case of medical emergency or extenuating circumstances approved by the CIArb in its sole discretion.

About The Chartered Institute Of Arbitrators (CIArb)

The Chartered Institute of Arbitrators (CIArb) is a not-for-profit, UK registered charity working in the public interest through an international network of branches, such as the North American Branch. It has a global membership of around 12,500 individuals who have professional training or experience in alternative dispute resolution (ADR).

We exist for the global promotion, facilitation and development of all forms of private dispute resolution to maximize the contribution that dispute resolution practitioners make.

In addition to providing education and training for arbitrators, mediators and adjudicators, we act as an international centre for practitioners, policy makers, academics and those in business concerned with the cost-effective and early settlement of disputes. This gives users confidence that the very best people are helping to resolve their dispute.

For additional information about the Chartered Institute of Arbitrators please contact [email protected]