Investor-State Arbitration (ISA) refers to the process of resolution of disputes between foreign investors and host states. With International Commercial Agreements opening galore, ISA is on the rise. Legally, the State being held accountable by courts is a cherished feature of democracies. Even a submission to the jurisdiction of international courts is applauded even when sovereign powers are not usually expected to be bound by decisions of tribunals comprising individuals sans institutional backing. And yet, the Investor-State Dispute Settlement does this very thing. Also referred to as the Investment Treaty Arbitration, this mechanism rooted in the Investment Treaties and Trade Agreements signed among sovereigns subjects the states to arbitration when they fail to provide the promised benefits to foreign investors.
As a lawyer, how do you prepare yourselves and your client in a case involving Investor-State Arbitration? This Webinar covers:
How to tell if your client has an investor-state treaty claim worth pursuing.
Preparing a treaty claim for arbitration.
Planning to commence an investment treaty arbitration.
Understanding the phases of the arbitration.
How much does it cost and how long does it take?
What is third-party funding and how do I obtain it?
Is the final award issued by the arbitrators final?
Is the final award enforceable and will my client collect what is due?
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About the Presenter
Mark N. Bravin heads the International Disputes Practice at Mitchell Silberberg & Knupp LLP in Washington, D.C., and is Adjunct Professor at Georgetown University Law Center where he teaches Investor-State Dispute Resolution. During 40 years in the international law field, Mr. Bravin has represented sovereign states and private parties in arbitrations and litigation. He began his career arbitrating treaty claims on behalf of American companies whose investments were expropriated by Iran after the Islamic Revolution. He has handled numerous matters at the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID).
He successfully defended India against Hardy Exploration & Production’s attempt to enforce an unprecedented arbitral award ordering reinstatement of Hardy’s expired contract to develop off-shore gas resources. Award ordered sovereign to reinstate contract with the foreign oil company to develop and produce hydrocarbons on government property, and pay large sum (expressly not damages) increasing annually until it does so.
He currently is enforcing arbitral awards against property owned by Argentina located in Washington DC and suing Germany for expropriation of a US citizen’s land without adequate compensation. And he recently won three cases for American victims of state-sponsored terrorism, including a $2.2 billion judgment against North Korea.
Mr. Bravin holds a B.S. degree from UCLA, summa cum laude; a J.D. degree from Harvard Law School; and a Master’s degree in Public Policy from Harvard’s Kennedy School of Government.
He can be reached at email@example.com
Jayanth’s educational repertoire has LL.B. Hons. (Cardiff, U.K.), LL.M. (Univ. of Texas at Austin, U.S.A. – Global Energy, International Arbitration and Environmental Law), F.I.C.A. (N. Delhi), M.C.E. (Civil Engineering – Water Resources & Environmental) U.S.A., formerly licensed as a Professional Engineer (U.S.A.), B.E. (Civil Engineering), India. He is co-author of the book, The Foreign Investor and the Host Nation. Investor-State Arbitration – An Analysis. Focus on India’s Investment Treaty Law and Policy (2018).
He has also Lectured before the National Judicial Academy, Bhopal, NLSIU (Bengaluru), I.I.M.(B), Christ University (Bengaluru) and has been involved in litigation in district courts in Karnataka, and the high court of Karnataka. He has regularly contributed articles on judicial review and other legal topics in the I.C.A. Quarterly, Lawyers Update magazine, and Manupatra.
He can be reached at firstname.lastname@example.org
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