The EFILA Annual Conference 2016 entitled “Investment arbitration 2.0?” took place on 5 February 2016 at La Maison du Barreau in Paris.

The Conference brought together about 100 world-class dispute resolution practitioners and prominent arbitration experts and discussed the challenges and opportunities of investment arbitration, including the new features of investment protection chapters included in recently concluded or currently negotiated EU International Investment Agreements, like CETA. In particular, the speakers discussed the pros and cons of international arbitration, the rule of law, including complex issues such as transparency, right to regulate, protection of property rights and democratic deficits.


09:00-09:30 Registration tea and coffee
09:30-09:45 Introduction by Chair
Welcome to conference Jakob Ragnwaldh, Partner at Mannheimer Swartling LLP, Chairperson of EFILA

09:45-11:00 Panel 1: Setting the scene: pros and cons of Investment Arbitration

– Moderator: Prof. Dr. Gerard Meijer, Partner and Head of Arbitration team at NautaDutilh; Executive Board member of EFILA
– Andrew Cannon, Partner at Herbert Smith Freehills LLP, Executive Board member of EFILA
– Hans van Houtte, President of the Iran-United States Claims Tribunal
– Robert Howse, Professor of International Law, New York University School of Law
– Marie Talašová, Head of International Legal Services Department, Ministry of Finance, Czech Republic
– Kamil Zawicki, Partner at Kubas Kos Galkowski

11:00-11:30 Tea/coffee break

11:30-12:45 Panel 2: Rule of Law and Investment Arbitration: promoting or holding back its advancement?

– Moderator: Professor Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at the Queen Mary University of London; Advisory Board member of EFILA
– Sir David Baragwanath KNZM QC, Appellate Judge and former President of the Special Tribunal for Lebanon established by the United Nations Security Council

– Richard Happ, Partner at Luther LLP, Executive Board member of EFILA
– Sabine Konrad, Partner at McDermott Will & Emery LLP
– Bart Legum, Head of the Investment Treaty Arbitration Practice at Dentons
– Mathias Wolkewitz, Head of Legal Affairs, Tax and Insurance at Wintershall Holding GmbH

12:45-14:00 Lunch break

14:00-15:15 Panel 3: Evolution in dispute resolution: third party funding, the role of secretaries and security of data in investment arbitration

– Moderator: Daniella Strik, Partner at Linklaters LLP, Executive Board member of EFILA
– Andrea Carlevaris, Secretary General, ICC International Court of Arbitration (Paris) and Director of Dispute Resolution Services of the ICC
– Anya George; Senior Associate at Schellenberg Wittmer Ltd
– Charles Nairac, Partner at White & Case LLP
– Stavros Brekoulakis, Professor in International Arbitration and Commercial Law, Queen Mary University of London
– Wieger Wielinga, Managing Director, Omni Bridgeway

15:15-15:35 Tea/coffee break

15:35-16:50 Panel 4: Towards Institutionalisation and Judicialisation. The Proposal for a Permanent Court

– Moderator: Vassilios Skouris, Professor at the Law School of the Aristotle University and former President of the European Court of Justice
– Erhard Böhm, Partner at Baier Rechtsanwälte, Advisory Board member of EFILA
– Yves Derains, Founding Partner of Derains & Gharavi
– David Gaukrodger, Senior Legal Advisor, Investment Division, OECD Directorate of Financial and Enterprise Affairs
– Nikos Lavranos, Secretary General of the EFILA
– Andrea Menaker, Partner at White & Case LLP

16:50-17:00 Closing remarks
Markus Burianski, Partner at White & Case LLP and Executive Board member of EFILA
Patricia Nacimiento, Partner at Norton Rose Fulbright LLP and Executive Board member of EFILA

17:00-18:00 Reception