Dear Conference Participants,

It is my pleasure to welcome you to Columbia Arbitra-tion Day on March 2, 2018. We are very pleased to host a number of leading practitioners in the field of international arbitration, outstanding faculty, as well as students and alumni, for a day-long conference.

This effort arises from our recognition of the common interests of practitioners, academics, and students in this field, and our belief that we can offer a valuable and unique service by bringing these diverse groups together.

We hope to provide a platorm for the mutually bene-ficial exchange of ideas and solutions to some of the most topical and difficult issues in the field today.

We hope that you will enjoy making the most of this opportunity, and we look forward to welcoming you to Columbia Law School.

Best,

Gillian LesterDean and the Lucy G. Moses Professor of LawColumbia Law School

WELCOME FROM THE DEAN

Welcome to Columbia Law School!

Wireless Internet Login:Columbia Law Guest

Questions/Concerns:ciaa@law.columbia.edu

Dear Conference Participants,

Now in its ninth year, Columbia Arbitration Day (“CAD”) has become a fixture on the international arbitration community’s annual calendar—and for good reason. The event has a sterling reputation, even alongside the many fine programs that populate the field. Attainment of this status is all the more impressive due to the fact that the Columbia International Arbitration Association (CIAA) has made this possible with minimal reliance on the faculty and administation of the Law School. It is a tribute to the initiative, resourcefulness, and energy of the student organizers.

The theme this year—”The Way Forward: International Arbitration Meets a New Global Reality”—is a reminder that a fair and efficient international arbitral regime does not exist in a vacuum. Cognizance of that is all the more important in a time when arbitration—whether commer-cial or investment—is coming in for concerted criticism. This year’s program reflects the CIAA’s attunement to acknoledging and addressing the challenges that the international arbitration regime currently faces and is

likely to in the years ahead.

The roster of speakers is also as magnificent as ever. That too is a product of the CIAA’s energy and ambi-tion in attracting the best and brightest to address us on this occasion. It is not surprising that our many LLM students from abroad have succeeded, as they always do, in bringing their most ourstanding mentors from home to our program. It remains a genuine tribute to the program that invitees accept with alacrity invitations to speak at CAD.

The level of committtment at Columbia to the international arbitration field is unparalleled in this country, and CAD is its embodiment. I wish to thank our student leaders for their ingenuity and dedication in assembling this program and for all else they do to make Columbia the vibrant setting for international arbitration study that it has become.

And now, along with the Dean and CIAA, I want to welcome all who have taken the time out of busy schedules to attend this year. I have every confidence that you will find the day as instructive as it is enjoyable. Thank you for being part of it.

Professor George A. BermannDirector, Center for International Commercial and Investment ArbitrationColumbia Law School

WELCOME FROM PROF. GEORGE BERMANN

WELCOME FROM THE CONFERENCE CHAIRSDear Conference Participants,

It is our pleasure to welcome you to Columbia Arbitration Day 2018!

Over the past nine years, this event has become a prominent fixture in the international arbitration calen-dar. Thanks to the tireless efforts of our predecessors, we are today able to attract leading academics and practitioners from around the globe for an annual discussion of the issues faced by the international arbitration community.

This year’s theme, “The Way For-ward: International Arbitration Meets a New Global Reality,” considers the diverse political, economic, and doctrinal pressures that shape the

international arbitration regime, and seeks to explore the possible directions of its growth and development in a rapidly changing global landscape. The explosive growth of international arbitration is both a testament to the regime’s great success and stability, and, paradoxically, a potentially destablizing force.

This year’s conference seeks to unpack not only the tensions endogenous to the international arbitration regime, but also those between international arbitration and changing external political concerns, economic forces, and legal regimes. It is our hope that in doing so, these discussions will assist in beneficially shaping the continued growth and importance of international arbitration in an increasingly dynamic world.

We also hope that Columbia Arbitration Day 2018 will once again serve as a platform to enable scholars, prac-titioners, and students to share experiences, make meaningful connections, and gain valuable insight into the most interesting and challenging issues facing the international arbitration community today.

Finally, we would like to thank all of you for joining us, and to extend our special thanks to George Bermann, Kabir Duggal, Nikolaus Pitkowitz, Matthias Pitkowitz, Joel Kosman, and all the board members of CIAA for their invaluable support.

Sincerely,

Michael Lemanski, Sarah Pemberton, Peter Plachy, Carlos Portales, Anand Srivastava, and Sean TanColumbia Arbitration Day 2018 Conference Chairs

Dear Conference Participants,

The field of arbitration prides itself on being highly dynam-ic, with an impressive ability not only to resolve commer-cial and investment-related disputes quickly and efficient-ly to the benefit of clients all around the globe, but also with the ability to quickly and flexibly adjust its framework and processes to suit the needs of an ever-changing in-ternational constituency. Of course, these changes are not imposed by a central authority, but instead are ad-justments and improvements implemented by those who practice arbitration.

Columbia Arbitration Day has, since its inception in 2009, taken a special role in this process of improvement, ad-aptation, and change—for it has combined the power-ful thought materials of academia with the relevance and practicality of professional practice, helped inspire debate where it is needed, and has helped connect the arbitra-tion community with the next generation of legal minds.

This year is no different: in examining the theme of “The Way Forward: International Arbitration Meets a New Global Reality,” Columbia Arbitration Day takes a close and indeed timely look at the challenges facing the arbitration community today, including on issues related to the unresolved complexities of the New York Con-vention, the challenges to the investment arbitration model, the fragmentation of international law, third-party funding, and more.

Identifying these challenges, unpacking their nuances, and debating their best resolution is crucial for the field of arbitration to continue to exhibit the dynamism with which it has so far distinguished itself, and so it is our great honor to be able to offer you yet another excellent program for this year. But of course, all of this would not have been possible without the tireless efforts of this year’s incredibly dedicated team of conference chairs and the organizing committee—so please join me in congratulating them for putting together such a terrific program!

With this, I welcome you to this year’s edition of Columbia Arbitration Day, which I am certain you will find to be a very rewarding and intellecutally enriching experience.

Dr. Matthias M. Pitkowitz, Esq.Chief Executive Officer, Equilibrium Stock ExchangeFounder & Executive Advisor, Columbia Arbitration Day

WELCOME FROM THE FOUNDER

CONFERENCE INFORMATIONDate:Friday March 2, 2018

Conference Venue:Columbia Law SchoolJerome L. Greene Hall435 W. 116th St.

Travel and Visas:Participants are responsible for making their own travel arrangements. It is recommended that you check your visa requirements with your local embassy or consulate. We are unable to dispatch visa invitation letters to support your visa application prior to receipt of your registration form and full registration fees.

Registration:Tickets may be purchased for the conference through the Columbia Ticket and Information Center, here. Practitioner and Academic/Nonprofit tickets cover breakfast, coffee breaks throughout the day, lunch, all four panels, the evening cocktail reception, and all offered New York CLE credits. Due to limited space at the lun-cheon, however, student tickets do not include lunch. Any available space at the lunch will be distributed to student ticket holders on a first-come, first-serve basis. Student tickets are available for full-time students in any undergraduate or graduate program.

COLUMBIA CAMPUS MAP

PANELS LOCATION LUNCHEON LOCATION RECEPTION LOCATION

Information Regarding New York CLE Credits:Columbia Law School has been certified by the New York State Continuing Legal Education (CLE) Board as an Accredited Provider of CLE programs. Under New York State CLE regulations, this live non-transitional CLE program will provide 7 credit hours that can be applied toward the Areas of Professional Practice requirement. This CLE credit is awarded only to New York attorneys for full attendance of the program in its entirety. Attor-neys attending only part of the program are not eligible for partial credit for it, although they are most welcome to attend it. Attendance is determined by an attorney’s sign-in and sign-out, as shown in the Conference regis-ters. On sign-out, attorneys should also submit their completed Evaluation Form, provided at the Conference. Please note the NYS Certificates of Attendance will be sent to the email address as it appears in the register unless otherwise noted there.

Columbia Law School’s CLE Financial Aid Policy:Persons seeking a hardship scholarship should register using the form and then separately complete their registration by submitting a scholarship request, no later than Friday, February 23, 2018, to Michael T. Le-manski at mtl2153@columbia.edu. Requests, which will be answered, should detail in a few sentences the basis of the applicant’s need and the background to his or her interest. Please understand that without a com-plete scholarship request, the applicant may be notified that the scholarship registration has been cancelled.

Inquiries:Please direcect all inquiries regarding CLE to Michael Lemanski (mtl2153@columbia.edu) and all other con-ference information questions to the Columbia International Arbitration Association (ciaa@law.columbia.edu).

CLE INFORMATION

CONFERENCE SCHEDULE8:30 a.m.–8:55 a.m. Registration/BreakfastJerome Greene Hall Lobby

8:55 a.m.–9:00 a.m. Conference WelcomeJerome Greene Hall 106 9:00 a.m.–10:20 a.m. Panel 1 The New York Convention: Unresolved Issues 60 Years OnJerome Greene Hall 106 ROBERT SMIT (Columbia Law School) OLIVER ARMAS (Hogan Lovells)

GEORGE BERMANN (Columbia Law School)

PATRICIA NACIMIENTO (Herbert Smith Freehills)

ERICA STEIN (Dechert)

10:20 a.m.–10:40 a.m. Coffee BreakJerome Greene Hall Lobby 10:40 a.m.–12:00 p.m. Panel 2 Reforming ISDS: Between Pragmatism and Utopia Jerome Greene Hall 106 KABIR DUGGAL (Columbia Law School)

ANDRÉS JANA (Bofill Mir & Alvarez Jana) MICHELE POTESTA (Levy Kaufmann-Koeler)

CAROLINE RICHARD (Freshfields) ANDRÉ VON WALTER (European Commission)

12:10 p.m.–1:00 p.m. LunchItalian Academy Teatro 1:00 p.m.–1:50 p.m. Keynote The Global Economy and the Business of Italian Academy Teatro Address International Arbitration PAUL FRIEDLAND (White & Case) 2:00 p.m.–3:20 p.m. Panel 3 Interstate Arbitration, International Courts, and Jerome Greene Hall 106        Investment Arbitration: Is More Interaction Needed? OLIVER THOMAS JOHNSON (Iran-U.S. Claims Tribunal)

CLARA BRILLEMBOURG (Foley Hoag)

MARNEY CHEEK (Covington & Burling) ERIC DE BRABANDERE (Leiden University) KHAWAR QUERESHI, Q.C. (Serle Court Chambers)

3:20 p.m.–3:40 p.m. Coffee BreakJerome Greene Hall Lobby 3:40 p.m.–5:00 p.m. Panel 4 Third Party Funding: Ethical & Regulatory IssuesJerome Greene Hall 106 WILLIAM “RUSTY” PARK (Boston University Law School) MARK BECKETT (Cooley)

ALLISON CHOCK (Bentham IMF) ANIA FARREN (Berwin Leighton Paisner)

JAMES HOSKING (Chaffetz Lindsey) 5:05 p.m.–7:00 p.m. Cocktail Reception and RaffleJerome Greene Annex

The New York Convention: Unresolved Issues 60 Years OnThe New York Convention was concluded sixty years ago. Currently, 157 States adhere to this international

treaty. It has been referred to as the most successful legal instrument in the history of international commercial exchanges. As Professor Paulsson quipped, any person without legal training could render an award which has greater international effect than decisions of the US Supreme Court simply because this person was appoint-ed as a sole arbitrator. Sixty years of practice under the Convention have naturally spurred various questions. The panel will begin with an overview of the Convention’s application globally and then move on to particular challenges it faced in the past sixty years. Have all the challenges been resolved or is there still room for further global unification? Consider for example the reluctance of some jurisdictions to refuse enforcement of awards that were annulled at the seat. Further, what are the current trends in applying the public policy ground for refus-ing enforcement of arbitral awards? Does the growth of investment treaty arbitration pose different challenges to the Convention’s application?

PANELISTSRobert Smit (moderator): Robert H. Smit is an independent arbitrator in international commercial and in-vestment treaty arbitrations seated around the world. Mr. Smit is an Adjunct Professor of Law at Columbia Law School, where he teaches courses and seminars on international arbitration and transnational litigation. He a retired Litigation Partner at Simpson Thacher & Bartlett LLP, where he Co-Chaired the Firm’s International Arbitration and Dispute Resolution Practice. Mr. Smit is also Co-Editor-in-Chief of the American Review of Inter-national Arbitration; Member of the ICC Commission on Arbitration; and Adviser to the American Law Institute’s Restatement (Third) of the U.S. Law of International Arbitration. He is also former U.S. Member of the ICC In-ternational Court of Arbitration; Chair of the New York City Bar Association’s International Commercial Disputes Committee; Chair of the CPR Arbitration Committee; and Vice-Chair of the IBA’s International Arbitration and ADR Committee.

Oliver Armas: Ollie Armas leads a multilingual and multicultural team that prides itself on its creative, tenacious approaches to resolving client disputes. The team focuses on energy - oil and gas, power, nuclear, renewables; mining; engineering; manufacturing; licensing; commodities; franchising; agency disputes; financial products and services; M&A (including purchase price and working capital adjustments, and earn outs); shareholder issues; joint ventures; hospitality; electronics; technology; transportation; and pharmaceutical and life sciences. Ollie has handled arbitrations under the rules of many of the major arbitral institutions, including the ICC, AAA/ICDR, LCIA, ICSID, HKIAC, SIAC, SMA, LMAA, DIAC, and the DIFC. He is also a highly sought after arbitrator. Fluent in Spanish, and with an understanding of Portuguese, he routinely counsels clients on matters involving Latin America.

George Bermann: George A. Bermann is the Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and the director for the Center for International Commercial and Investment Arbitration (CICIA) at Columbia Law School. He is also a visiting professor at the Georgetown Law Center and he founded both the European Legal Studies Center and the Columbia Journal of European Law at Columbia Law School. Bermann is an active international arbitrator in commercial and investment disputes; chief reporter of the ALI’s Restatement of the U.S. Law of International Commercial Arbitration; co-author of the UNCITRAL Guide to the New York Con-vention on the Recognition and Enforcement of Foreign Arbitral Awards; chair of the Global Advisory Board of the New York International Arbitration Center (NYIAC); co-editor-in-chief of the American Review of International Arbitration; and founding member of the governing body of the ICC Court of Arbitration and a member of its

PANEL INFORMATION

standing committee. He has been a visiting scholar at the European Commission Legal Service in Brussels; the French Conseil d’Etat; the Max Planck Institute for Foreign Public Law and International Law in Heidelberg, Germany; and Princeton University’s Center for International Studies. He has published extensively.

Dr. Patricia Nacimiento: Patricia Nacimiento is a partner at Herbert Smith Freehills practicing arbitration and dispute resolution primarily out of Frankfurt. She lectures in arbitration at the Universities of Heidelburg, Frankfurt, and Saarbrucken, and has been appointed by the German government to the panel of arbitrators for ICSID. Her publications include co-editing Arbitration in Germany – The Model Law in Practice (Kluwer 2015) and The New York Convention—A Global Commentary (Kluwer 2008), among others.

Erica Stein: Erica Stein is a partner at Dechert, LLP focusing on international commercial and investment ar-bitration. She has represented clients across numerous industries, and has sat as sole arbitrator, co-arbitrator, and panel chair in arbitrations under many different rules. Ms. Stein is also the president of the standing com-mittee of the ICC International Centre for ADR.

Reforming ISDS: Between Pragmatism and UtopiaGrowing criticism that ISDS lacks the ability to properly balance conflicting interests between foreign investors and host countries has served as the main driving force for those seeking change to the system. Over the re-cent years this criticism has focused on replacing the current ad hoc system with an international court system. Concretely, the EU has concluded international agreements, whose main novelty is the inclusion of first instance and appellate bilateral tribunals. Following the trend, at a multilateral setting, UNCITRAL has recently entrusted a working group with a broad mandate on the possible reform of ISDS. This panel will discuss the different per-spectives as to the actual state of play of the ad hoc system and the intended reform through an international court system. Is there a shared understanding of the problems that the system faces? Is the supposed conflict

of interest embedded in this system best addressed through a new dispute settlement system rather than through substantive amendments to investment protection provision? With over 3000 international investment agreements with ISDS provisions, how will a new court system coexist with the current system? What could be the reputational, legal and political risks of redefining the system?

PANELISTSKabir Duggal (moderator): Kabir Duggal is a senior associate in Baker McKenzie’s International Arbitration practice group, a Lecturer-in-Law at Columbia Law School and a consultant for the UN Office for Least Devel-oped Countries. Kabir has been involved in the resolution of several complex arbitration disputes and also sits as an arbitrator. Kabir has published several articles and books and is regularly invited to speak at conferences globally. He has also taught dispute resolution courses in educational institutions all over the world including Georgetown University Law Center, Fordham Law School, The Graduate Institute (Geneva, Switzerland), Na-tional Law University (Jodhpur, India), University of Carlos III (Madrid, Spain), National Research University Higher School of Economics (Moscow, Russia), Government Law College (Mumbai, India) among others. Kabir is the Managing Editor for The American Review of International Arbitration and is an editor for “investmentclaims.com” hosted by Oxford University Press. He also serves on ICSID Review’s Peer Review Board and is an Associate Editor for Brill-Nijhoff publisher’s international law and arbitration section. He is a graduate of the University of Mumbai (University Medal), University of Oxford (DHL-Times of India Scholar) and NYU School of Law (Hauser Global Scholar).

Andres Jana: Andrés Jana is founding litigation and arbitration Partner at Chilean law firm Bofill Mir & Alvarez Jana. Between 1996 and 1998 he was Director of Legal Studies of the Central Bank of Chile, in charge of overseeing and coordinating legal aspects of national and international regulations for foreign investment, cap-ital transfer and foreign exchange. He obtained his LL.M. from Harvard University and graduated summa cum laude from the Law School of the Universidad de Chile. Mr. Jana has vast experience as counsel, arbitrator and expert in international disputes involving commercial, investment and international public law issues, and acts as counsel for States and investors in Investor-States disputes and sits as arbitrator in ICSID cases. He was legal advisor for the Republic of Chile in the maritime border dispute between Chile and Peru before the International Court of Justice and is currently a member of the Chilean legal team in the dispute between Bolivia and Chile in front of the same court. He has rendered legal advisory services to several governmental organizations in different countries, providing among others advice to the government of Chile during negotiations of the financial services and investment chapters of the Free Trade Agreements with Canada, Mexico, the United States and the European Union. Mr. Jana is the Chilean delegate before the United Nations Commission on International Trade Law (UNCITRAL), where he participated in the revision and adoption of the UNCITRAL arbitration rules (2010) and the rules of transparency in arbitrations between investors and states (2013). He has acted on vari-ous task forces on international matters, including the ASIL/ICCA Task Force on Issue Conflicts in Investor-State Arbitration and Special Drafting Committee for the Arbitration Commission of the ICC on the Participation of the State and States Organizations in Arbitration. He has been recently appointed as Vice Chair of the IBA Arbitration Committee and Chair of the ITA Americas Initiative. He is on the Panel of Arbitrators for ICSID, a member of the London Court of International Arbitration, member of the Council of SIAC, member of the Latin American Arbi-tration Group of the ICC and founding member and Vice-president of the Latin American Arbitration Association (ALARB). A Professor of Private Law at Universidad de Chile since 1997, he regularly lectures and publishes on international disputes. Lecturer at University of Texas Law School Center for Global Energy, International Arbitration and Environmental Law, since 2012, he also teaches at Miami Law School Institute of International Arbitration (2010 to present).

Michele Potestà: Michele Potestà specializes in international commercial and investment arbitration. Over the past ten years, Michele has participated in over 25 international investment and commercial arbitrations as

counsel, arbitrator and secretary of the tribunal, under all major arbitral rules, including the ICC, ICSID, ICSID Ad-ditional Facility, and UNCITRAL Rules, and in different jurisdictions. Michele’s areas of expertise include energy and natural resources (oil, gas, mining and solar energy), pharmaceuticals, telecommunications, international sales, banking and finance, services, real estate and construction, among others. Michele has also advised sovereign states on their investment treaty programs.Michele is regularly appointed as arbitrator. He has sat as sole arbitrator and co-arbitrator under various rules, and is listed in the panel of arbitrators at the Vienna Interna-tional Arbitration Centre and the Kuala Lumpur Regional Centre for Arbitration. Michele is a senior researcher at the Geneva Center for International Dispute Settlement where he co-leads a research project on the reform of ISDS, in cooperation with UNCITRAL. Prior to joining Lévy Kaufmann-Kohler, he was a lecturer at the Geneva Master in International Dispute Settlement, where he taught investment and commercial arbitration. He has authored numerous publications on issues of investment and commercial arbitration and is frequently invited to speak at arbitration conferences. An Italian national, Michele is qualified to practice law in Italy and registered with the Geneva bar (foreign lawyers section). He holds a Ph.D., a bachelor and a master’s degree from the University of Milan. Michele speaks English, Italian, French, German, and Spanish.

Caroline Richard: Caroline is a Partner in Freshfields’ International Arbitration Group based in Washington DC. She is also an Adjunct Professor at American University’s Washington College of Law, where she co-teaches a course on investment treaty arbitration. She specializes in international commercial and investment treaty arbi-tration, and has acted in major disputes in the energy, mining, infrastructure and telecommunications sectors, amongst others, in Latin America, the Middle East, Africa and Central Asia. Before moving to Washington DC, Caroline worked in Freshfields’ Paris and London offices. Prior to joining Freshfields, Caroline was a law clerk at the Supreme Court of Canada. She has degrees in civil and common law, and obtained masters degrees in international law from Cambridge University and Harvard University. She is admitted in Ontario, New York and Washington DC and is fluent in French and Spanish.She is a co-author of the forthcoming Guide to the ICSID Additional Facility Arbitration Rules (to be published by Oxford University Press in 2018). Andre Von Walter: André von Walter is a Legal Counsel and negotiator in the Directorate General for Trade of the European Commission. His recent work focused on developing the European Union’s approach to invest-ment dispute resolution. He represented the EU in bilateral investment negotiations with Singapore, Canada, Vietnam, Morocco, Japan and the United States. He also acted as the EU lead negotiator for the UNCITRAL Transparency Convention. Prior to his current position, he worked as a political advisor and negotiator for inter-national investment at the French Ministry of Foreign and European Affairs. André von Walter has lectured public international law and international economic law at the University of Paris (Panthéon-Sorbonne) and worked as a Senior Research Fellow at the Institute for public international law of Bonn University.

Interstate Arbitrations, International Courts, and Investment Arbitrations: Is More Interaction Needed?

Each of these fora is designed to resolve disputes with or between sovereign States. Although their set-ups differ, as international jurisdictions, these fora are frequently confronted with similar issues and are live exercises in the formation and development of international and transnational dispute settlement practices and law. In this regard, how much have or should these players look to each other to shape their own proceedings from a practical perspective regarding issues such as the use of expert witnesses, rules governing conflicts of in-terest, issues concerning the admissibility of evidence etc.? More crucially, what scope is there for interaction between these courts and tribunals in elaborating substantive legal norms? Despite being part of separate legal orders or sub-systems of international law, they are often confronted with similar issues of general international law that are not always settled. For example, res judicata is acknowledged as a generally recognised principle

of international law, yet there is no defined international standard for applying it. Does this suggest a need for greater awareness amongst these decision makers as to how to develop common international standards har-moniously? Or, should one accept that differing standards are an inevitable consequence of the existence of different international legal regimes?

PANELISTSOliver Thomas Johnson, Jr. (moderator): Tom Johnson is a judge of the Iran-United States Claims Tribunal in The Hague and lecturer in law at Columbia Law School. Prior to his appointment to that tribunal in 2012, he was a partner in the Covington & Burling law firm, where his practice focused on international commercial arbi-trations, arbitrations between states and foreign investors, and land and maritime boundary disputes between states. He also advised clients concerning the application of the United States Foreign Corrupt Practices Act and similar laws of other states. From 2002 until 2009, Johnson was a member of the Panel of Arbitrators of the World Bank’s International Centre for Settlement of Investment Disputes (“ICSID”), appointed by the U.S. Before joining Covington & Burling, he served as special assistant to the legal adviser of the Department of State.

Clara Brillembourg: Clara Brillembourg specializes in counseling sovereign States in international disputes with other States, foreign investors and U.S. plaintiffs. She has successfully represented States before the Inter-national Court of Justice (ICJ) in disputes involving territorial rights, human rights and environmental harm. She also has substantial experience counseling States in maritime boundary disputes before the ICJ, UNCLOS An-nex VII arbitral tribunals, and the International Tribunal on the Law of the Sea. In addition, she has extensive ex-perience representing sovereigns in investment arbitrations before the International Centre for the Settlement of Investment Disputes (ICSID) and other prominent arbitral fora. Her representation of foreign States also includes domestic litigation before U.S. federal courts involving foreign sovereign immunity, in which she has successfully

petitioned for each case to be dismissed in the initial stage of the proceeding. Clara chairs the Rising Leaders Council at the Meridian International Center. She also currently serves on the Boards for the Harvard Kennedy School’s Carr Center for Human Rights Policy and for Advancing Girls Education in Africa. In addition, she is a Term Member of the Council on Foreign Relations. Before joining Foley Hoag, Clara worked in the World Bank’s Environment and African Human Development Departments

Marney Cheek: Marney Cheek is co-chair of Covington & Burling’s Arbitration Practice Group and vice-chair of the firm’s International Trade Practice Group. She represents both states and corporate clients in complex international disputes, drawing upon her expertise in public international law, investment, and trade matters. Her practice spans a range of jurisdictions and industries. Ms. Cheek also represents clients in enforcement matters under international trade and investment agreements. Her trade practice draws upon her experience as Associate General Counsel at the Office of the U.S. Trade Representative. Ms. Cheek routinely counsels clients on a range of enforcement matters arising under bilateral and multilateral trade agreements, including on issues related to intellectual property, financial services, standards, trade preferences, investment, non-tariff trade barriers, and the environment.

Eric de Brabandere: Eric De Brabandere is Professor of International Dispute Settlement at the Grotius Centre for International Legal Studies since September 2007. He is also Attorney-at-Law (Of Counsel) at the Ghent Bar (with Lexlitis Gent) practicing in international law and arbitration, Editor-in-Chief of the Leiden Journal of In-ternational Law, Visiting Professor of international investment law at the University of Trento in Italy, a member of the Board of Editors of the Journal of World Investment & Trade, the Revue Belge de Droit International (Belgian Review of International Law), and the Martinus Nijhoff Investment Law Book Series. He is the author of several publications, including the books Investment Treaty Arbitration as Public International Law: Procedural Aspects

and Implications (CUP, 2014), Foreign Investment in the Energy Sector: Balancing Private and Public Interests (edited with T. Gazzini) (Martinus Nijhoff, 2014), Investment Law: The Sources of Rights and Obligations (edited with T. Gazzini) (Martinus Nijhoff, 2012), and Post-conflict Administrations in International Law (Martinus Nijhoff, 2009), and many book chapters and articles in international law journals.Before joining Leiden University in 2007 Eric De Brabandere held positions as assistant lecturer and researcher at the Department of International Law of Ghent University and as lecturer in international trade law and the international institutions at the Karel de Grote University College in Antwerp. services internationally.

Khawar Qureshi, QC: Khawar Qureshi is a QC at Serle Court Chambers and McNair Chambers Qatar. Kha- war was called to the Bar (Queen Mother’s Scholar, Middle Temple) in 1990 and took Silk in 2006. In 1993 he was the youngest advocate to have appeared in the International Court of Justice. He has taught Commercial law at Cambridge University, Public International law at Kings London and was appointed a Visiting professor in Commercial Law at the University of London in 2006. He was appointed a Deputy High Court Judge in 2013 and is a bencher of Middle Temple. Khawar has made extensive appearances in the English Court at all levels, and in many international arbitration/commercial matters for and against more than 60 governments. He was an “A” Panel UK Government Treasury Counsel from 1999-2006, and has been Chairman of TheCityUK Legal Services group, which is designated by the UK Ministry of Justice as the lead organisation to promote UK legal services internationally.

Third Party Funding: Ethical & Regulatory Issues

Third-party funding in international arbitration has had a mixed reception. While some welcome the “levelling” effect of third-party funding in enabling impecunious claimants to assert their claims, others worry that third-par-ty funding may lead to a proliferation of frivolous claims. Although formerly mostly utilized in the investor-state context, third-party funding is becoming increasingly prominent in international commercial arbitration, and is an issue that every arbitration practitioner needs to be able to handle. The panel will begin with an overview of third-party funding and the regulatory framework before delving into the ethical issues an attorney might face. What are the potential conflicts of interest to look out for? How should counsel and arbitrators approach disclos-ing conflicts related to third-party funding? What should an attorney do when asked by a client to recommend a funder? Should an attorney ever bring up the option of third party funding? How should an attorney react when the interests of the party and funder diverge during a) proceedings; or b) settlement discussions? How should attorney-client privilege and confidentiality be protected when approaching a funder? Which law governs wheth-er third party funding is permissible? What are the costs implications of third party funding? To what extent may third-party funders be required to pay the costs of a defendant who has successfully defended a funded claim? And finally, what is the arbitral institution’s role in dealing with the complexities of third-party funding?

PANELISTSWilliam “Rusty” Park (moderator): William “Rusty” Park is Professor of Law at Boston University. His prac-tice and teaching focus on international financial and commercial transactions. After studies at Yale and Colum-bia, Park practiced law in Paris before returning home to Boston to teach tax and banking. He served as Director of the Boston University Center for Banking Law Studies and has held visiting appointments at the universities of Cambridge, Dijon, Hong Kong, Auckland and Geneva, as well as Fletcher School of Law and Diplomacy. His published work includes Arbitration of International Business Disputes, International Chamber of Commerce Arbitration (with Craig and Paulsson), International Commercial Arbitration (with Reisman, Craig and Paulsson), Income Tax Treaty Arbitration (with Tillinghast) and International Forum Selection, as well as articles on legal and fiscal aspects of international business. Park is General Editor of Arbitration International and former President of the London Court of International Arbitration. He has served as Arbitrator on the Claims Resolution Tribunal for

Dormant Accounts in Switzerland and the Appeals Tribunal of the International Commission on Holocaust Era Insurance Claims. Currently he sits on the NAFTA Chapter 14 Financial Services Roster. Park is a member of the Governing Board of ICCA, International Council for Commercial Arbitration. He sits on the Council of the Ameri-can Arbitration Association and served for eight years as a member of the AAA Board of Directors. He is a Fellow of the Chartered Institute of Arbitrators and the College of Commercial Arbitrators. In 2008 the United States appointed Park to the Panel of Arbitrators for the International Centre for Settlement of Investment Disputes.

Mark Beckett: Mark Beckett focuses on international commercial and investment treaty arbitration, public international law, and cross-border and multi-jurisdictional legal issues and disputes. While experienced with a wide array of industries, he is particularly interested in the intersection of international law and arbitration with technology and life sciences companies. Mr. Beckett advises clients on how to use international law to mitigate country and regulatory risk and on litigation financing options. He teaches international commercial arbitration at Harvard Law School and was previously the U.S. member of the ICC International Court of Arbitration.

Allison Chock: Allison Chock, Chief Investment Officer-US and Legal Counsel, oversees Bentham IMF’s investment management and due diligence processes across its four US offices. Allison assumed this role in 2017, after serving for almost four years as an Investment Manager and head of Bentham’s Los Angeles office. As an experienced trial attorney who specialized for many years in litigating large, contingent-fee commercial disputes, Allison is well-equipped to oversee the company’s assessment of opportunities to provide non-re-course litigation funding for companies, individuals and law firms. She personally manages a multi-million-dollar investment portfolio for Bentham and helps guide decisions pertaining to the company’s full US investment portfolio. She is successful at investing in cases that return victories for the plaintiffs and the lawyers litigating the claims, including a nine-figure settlement to an individual plaintiff in a breach of fiduciary duty case.Prior to join-ing Bentham, Allison began her legal career as a litigation associate at Latham & Watkins. In 2003, she joined renowned litigation-only boutique firm Hennigan, Bennett & Dorman LLP, where she made partner in 2008. The Hennigan firm later merged with McKool Smith, P.C., based in Dallas. At Hennigan (and later at McKool), Allison handled large-scale opt-out securities fraud actions for private institutional investor clients and other complex commercial business disputes.

Ania Farren: Ania is a partner in the International Arbitration group. She represents clients on a wide area of dispute resolution matters, with particular emphasis in international arbitration and litigation. Ania has advised clients in arbitrations conducted under the auspices of various institutions, including the London Court of In-ternational Arbitration, International Chambers of Commerce, International Centre for Settlement of Investment Disputes and American Arbitration Association. Ania is ranked in Chambers and Legal 500, and she was also ranked 5th most highly regarded arbitration partner under 45 in Europe, in Who’s Who Legal Arbitration Future Leaders 2018. She is Vice Chair of the ICC UK Committee on Arbitration and ADR. As well as appearing as counsel, Ania also sits as arbitrator.

James Hosking: James Hosking has more than 20 years of international dispute resolution experience. Immediately prior to co-founding dispute resolution boutique Chaffetz Lindsey, he was a partner in Clifford Chance’s New York litigation department, focusing primarily on international arbitration. James is a recognized expert in international arbitration, having handled disputes under the rules of all the leading institutions, including ICC, AAA/ICDR, SIAC, LCIA, WIPO, CRCICA and ICSID, as well as the UNCITRAL Rules. His recent cases have involved international commercial contracts, corporate acquisitions, construction/engineering, insurance and reinsurance, licensing, energy/power projects, JV/shareholder disputes, mining, and investment treaty claims. James also has experience as a sole arbitrator, chairperson, co-arbitrator and emergency arbitrator. Prior to moving to the US, James practiced in his native New Zealand. He remains particularly active in disputes involv-ing investment flows between Asia-Pacific and the Americas.

The Global Economy and the Business of International ArbitrationPaul Friedland (White & Case)

Paul Friedland is a partner in White & Case’s New York office and global head (since 2002) of the Firm’s Inter-national Arbitration Practice Group, which comprises more than 190 lawyers and is ranked No.1 by Chambers and Global Arbitration Review. Paul has served as counsel or as arbitrator in numerous international arbitrations, both commercial and investor-state, and is repeatedly ranked among the world’s leading arbitration practi-tioners. Paul’s leadership positions include: American Arbitration Association (Executive Committee, 2011-14; Chair of Law Committee, 2008-14; Chair of Subcommittee on ICDR Rules revision, 2013-14), International Bar Association (Arbitration Committee Co-chair, 2014-15), Singapore International Arbitration Centre (Court mem-ber, since 2013), and London Court of International Arbitration (Court member, 2006-10).A frequent writer and speaker on international arbitration topics, Paul is the author of Arbitration Clauses for International Contracts

(2d. ed. 2007), which has been described as a “must-have for all practitioners working in the burgeoning field of international arbitration” (N.Y. Law Journal, April 2008). Paul is also a proud alumnus of Columbia Law School, where he was an editor of the Columbia Law Review and a James Kent Scholar.

KEYNOTE ADDRESS

RAFFLELocation:Jeroome Greene Annex (following closing remarks from CAD Committee)

Information:Thanks to the generous support of our Raffle Sponsor, Wolters Kluwer, CAD 2018 is pleased to offer a book raffle for all conference participants. Registrants will be given a numbered ticket when they sign in, which can be used to redeem a book prize should that ticket number be drawn. Registrants must be in attendance at the raffle drawing in order to redeem their prize. Winners will be announced during the Freshfields Bruckhaus Deringer Cocktail Reception following the last panel of the day.

This year’s prizes include: CRINA BALTAG, ED., ICSID CONVENTION AFTER 50 YEARS (2017)

TomáŝFecák,InTernaTIonalInvesTmenTagreemenTsandeUlaw(2016) lIsanIeUwveld&vIcTorIasahanI,ThIrdParTyFUndIngInInTernaTIonalarbITraTIon(2ded.2017) marIkePaUlsson,The1958newyorkconvenTIonInacTIon(2016) kajhober&yarIkkryvoI,eds.,lawandPracTIceoFInTernTIonalarbITraTIonInThecIsregIon(2017) kIInneareTal.,eds.,bUIldIngInTernaTIonalInvesTmenTarbITraTIon:TheFIrsT50yearsoFIcsId(2015) doloresbenTolIla,arbITraTorsaslawmakers(2017)And many more!

SPONSORSFounding Headline Sponsor:

Lunch Buffet Sponsor:

Cocktail Reception Sponsor:

Coffee & Snack Break Sponsor:

Raffle Sponsor:

Student Sponsors:

Conference Chairs:Michael LemanskiSarah Pemberton.Peter PlachyCarlos PortalesAnand SrivastavaShihao (Sean) Tan

2017-2018 Columbia International Arbitration Association Board:David Blackman, J.D. PresidentVincent Reynaud, L.L.M. PresidentElvira Sihvola, Vice-PresidentDennis Chu, TreasurerKamyar Assari, Firm Outreach ChairLeila Mgaloblishvili, Faculty Co-ChairYikang Zhang, Faculty Co-ChairAllison Chanhee Kim, Communications ChairCaitlin Elise Jokubaitis, 2L RepresentativeColin Hill, 3L Representative; JD President EmeritusJuana Martinez, L.L.M. RepresentativeAyelen Eliana Lopez, L.L.M. RepresentativeSalaar Khan, L.L.M. RepresentativeLorenzo Nizzi, L.L.M. RepresentativeLiat Tapia Malis, L.L.M. RepresentativeThomas Bidwell, 1L RepresentativeRebecca Caspar-Johnson, 1L RepresentativeDaniel Fahrenthold, 1L RepresentativePeter C. Y. Kim, 1L RepresentativeMitra Yazdi, 1L RepresentativeMelissa Yin, 1L Representative

Founder & Executive Advisor:Matthias Pitkowitz

CollegeofComme rcialArbitrators

Partner Organizations:

Notes:

PROUDLY HOSTED BY THE COLUMBIA INTERNATIONAL ARBITRATION ASSOCIATION