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Technology, IP and Investor-State Arbitration / April 25, 2017, Washington

Juris Conferences organizes the eleventh annual Investment Treaty Arbitration conference

Technology, IP and Investor-State Arbitration

Washington, Washington Plaza Hotel

April 25, 2017

The Eleventh Annual Juris Conferences’ Investment Treaty Arbitration Conference will tackle the complex developments raised by investor-state arbitration and its intersection with international investments in the technology sector. Although there have only been a few investment cases touching on issues related to the technology sector, with continued international integration and the rise of product piracy, counterfeiting, issues related to IP rights, cyber security, and the internet of things, international trade and investment disputes may be inevitable in the years to come. Our group of eight authors again take contrary positions and grapple with the dramatic developments of investment arbitration as it relates to technology, intellectual property and investor-State arbitration. Our expert faculty will then continue the debate following the original contributions from our authors for what always proves to be highly entertaining. This conference will be of great value to practitioners, industry counsel, and academics alike who are interested in these important cutting-edge issues.

All attendees receive a copy of Investment Treaty Arbitration and International Law – Volume 11 (when published), a $125.00 value, the leading reference and guide on the topic, refreshments at breaks, and a buffet luncheon.

There will be a Drinks Reception following the conclusion of the conference on 25 April 2017.

Registration
EARLY BIRD SPECIAL when you pay by 3 April 2017
Annual Investment Treaty Arbitration Conference
$750.00

*Annual Investment Treaty Arbitration Conference
$475.00

*ONLY available to Full-Time Academics with no law firm affiliation, Government Employees, and Full-Time In-House Corporate Counsel.

Special Student Rate
For full-time students with current ID only, contact Juris Conferences at: events@jurisconferences.com, for current rate.

FEE includes
Written course materials, a copy of the Investment Treaty Arbitration, Volume 11, when published, refreshments at breaks, luncheon, and a drinks reception following the program. The fee does not include accommodations.


Preliminary Program
8:00-9:00 Registration – coffee and Tea upon Arrival
9:00-9:15 Opening Remarks by Conference Co-Chairs

9:15AM-10:45 SESSION ONE: IP and “investment” under BITS
What does the future promise after the Philip Morris cases against Uruguay and Australia? After presenting their views on these cases, our authors adopt contrary positions as to the proper scope of a defined “investment” in current treaties and what we should look for in future treaties such as TPP and TTIP.
Moderator: Michael Nolan
Authors: Helen Gogadze
Panelists: Meriam Al-Rashid, Marinn Carlson, Maria Chedid

10:45-11:00 Coffee/Tea Break

11:00-12:30 SESSION TWO: Full protection and “cyber” security? What international investment law standards protect IP? Should States be held liable for breach of BIT protections? Our first author argues for a narrow application of treaty standards, such as “Fair and Equitable Treatment” and “Full protection and security”. Our second author argues that investment standards, although largely untested, are particularly suitable for IP disputes and describes how.
Moderator: Tim Nelson
Authors: Robert Landicho, Levon Golendkhin
Panelists: George Burn, Adam Douglas

12:30-13:30 Lunch

13:30-15:00 SESSION THREE: The Industry panel – What role is there for international law in the protection of IP in the technology sector
What is the future of international trade and investment law in the technology sector? Our authors examine the availability of using international investment law and arbitration to enforce intellectual property rights, market access commitments, obligations to permit cross-border data flows, and other business interests in the technology sector. In particular, they will focus on the state of trade and investment law to answer the question: is the current state of these remedies adequate or should there be a movement for a truly international regime for the protection of IP rights and other tech company interests in investor-State arbitration?
Moderator: Josh Kallmer
Authors: Manish Aggarwal, Jan Janssen,
Panelists: Christine Bliss, Michael Smart, Linda Dempsey

15:00-15:15 Coffee/Tea Break

15:15-16:45 SESSION FOUR: Remedies in IP Investment Arbitration – A Paradigmatic Case for the Return to Restitutio in Integrum?
“Philip Morris versus Uruguay and Apotex versus United States were two cases involving IP rights that were recently dismissed. Both cases, however, serve as quintessential disputes involving protection of IP rights (trademarks in the former case and patents in the latter). Our authors, therefore, will examine the nature and level of reparation that the investors in those cases could claim under applicable principles of international law, if they had prevailed. The first author, in line with what the counsel for investors would likely argue, will provide an expansive view of applicable principles of international law including restitutio in integrum, taking into account the nature of the intellectual property rights at issue, in order to ensure the highest level of recovery. The second author would take a contrary position.”
Moderator: Mark Kantor
Authors: Arianna Sánchez Galindo, Harsh Sancheti
Panelists: Justin Jacinto, Teddy Baldwin, Jose Alberro, James Searby, Prof. Diane Desierto

16:45-17:45 Cocktail Reception


Conference Chairs
Ian Laird is Co-chair of Crowell & Moring’s International Dispute Resolution Group and an adjunct professor at Columbia University’s School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporation and foreign sovereign governments. Mr. Laird is recognized as a leading practitioner in the arbitration field by the International Who’s Who of Commercial Arbitration Lawyers in 2015. He is best known for being lead counsel for Khan Resources Inc., which recently secured a US$100 million international arbitration award against the Government of Mongolia (in March 2105). As a former chief of staff to a Canadian cabinet minister and a senior political aide to the Ontario Minister of Energy, he has run political campaigns and understands the intimate working of government and politics, as well as their impact on industry.

Borzu Sabahi is a Partner of Curtis, Mallet-Prevost, Colt & Mosle and is located in their Washington, D.C. office. Dr. Sabahi focuses his practice on representing governments and state-owned entities in investment treaty arbitration, international commercial arbitration and public international law matters. His industry experience includes working on energy-related disputes (in oil & gas as well as power projects), as well as disputes pertaining to mining, construction, gambling, satellite television, royalty agreements, tax , and allocation of water under international treaties. Dr. Sabahi is the co-director of the International Investment Law Center at the International Law Institute where he designs and oversees training programs principally for Government officials from developing countries as well as professionals from the private sector on international investment treaties and investor State arbitration.

Frédéric Sourgens is an Associate Professor of Law at Washburn University Law School. His teaching and scholarship focuses on international dispute resolution, with a particular emphasis on resolution of disputes involving political risk. He has published numerous articles on international arbitration and serves as editor for the Oxford University Press reporter of investor-state arbitral decisions. Prior to joining Washburn Law, Professor Sourgens practiced international arbitration in the Washington ,D.C. office of Milbank, Tweed, Hadley & McCloy. He worked as counsel in ICSID, UNCITRAL, ICC and LCIA arbitrations. While in Washington, D.C., he was an Adjunct Professor of Law at Georgetown University Law Center.

Todd Weiler is an investment treaty counsel and arbitrator and noted expert on NAFTA Chapter 11. Mr. Weiler has served as arbitrator, consulting expert and co-counsel in disputes and arbitrations involving investors, host states and interested third parties. He is the Co-Founder of Investmentclaims.com and the publisher of NAFTAClaims.com.

Faculty
Manish Aggarwal is an Attorney in Three Crowns’ London office. He is a dual-qualified English solicitor and Indian barrister. He has considerable experience of advising and representing both corporations and States in complex, high-value commercial and investment treaty arbitrations in a broad range of sectors (including energy and infrastructure, renewables and pharmaceuticals) under a wide variety of arbitration rules Among his recent experience he represented several infrastructure funds in ICSID arbitrations against Spain under the Energy Charter Treaty arising from measures adversely affecting renewables and acting , as international advisor, to a party before a Constitutional Bench of the Indian Supreme Court in Bharat Aluminium Company v Kaiser Aluminium technical Service.

Meriam Al-Rashid is a Partner in Dentons New York office. She is a member of the Litigation and Dispute Resolution practice group where she focuses on international and commercial arbitration and risk management, covering various industries across the globe, including infrastructure, oil and gas, mineral resources, hospitality and real estate. Her experience includes participation in arbitration before the ICDR, LCIA, UNCITRAL, ICC, ICSID and the Permanent Court of Arbitration (PCA) at The Hague. Ms. Al-Rashid acts as arbitrator on commercial and investor-state disputes primarily involving parties from the Middle East and North Africa. She has served as counsel in disputes and transactions involving parties from Libya, South Africa, Iraq, Republic of Austria, the United Kingdom, and the United States among many others.

José Alberro is a Senior Advisor in Cornerstone Research’s Washington, D.C. office. He co-heads their international arbitration and litigation practice. His expertise focuses on applied economic and financial modeling across a bariety of industries, with particular depth in oil and natural gas, petrochemicals, consumer goods, industrial inputs, and telecommunications. Dr. Alberro specializes in damages estimation in the context of internatonal arbitration, mergers and antitrust; tariff design in network industries (electricity, natural gas transportation and distribution, water); and economic impact analysis. He has conduct arbitration at the World Bank’s International Centre for Settlement of Investment Disputes and at the American Arbitration Association. In Mexico, he served in the Ministry of Finance, the Ministry of commerce and Industrial Promotion, and the Ministry of Programming and the Budget.

Edward G. “Teddy” Baldwin is a Partner in Baker & McKenzie’s Washington, D.C. office. He regularly represents multinational clients in international arbitration proceedings and in matters before US federal and state courts. Mr. Baldwin has extensive experience in investor-state arbitrations before the ICSID and ad hoc tribunals, commercial arbitrations under various rules and institutions, and US litigation. He focuses his practice on international arbitration, transactional litigation, sovereign immunity issues and enforcement of judgments and awards. Mr. Baldwin has worked with companies all over the world and has extensive experience in commercial arbitration under various rules and institutions. He has assisted with global dispute issues involving foreign parties, such as 1782 actions, Hague Convention service, letters rogatory, mutual legal assistance requests and due process concerns.

Christine Bliss is the President of Coalition of Services Industries (CSI) located in Washington, D.C. Prior to joining CSI she was the Assistant U.S. Trade Representative (USTR) for Services, Investment, Telecommunication, and E-Commerce, responsible for overseeing all multilateral, regional, and bilateral negotiations and policy issues in those areas for the agency. She also served as the lead U.S. negotiator in the World Trade Organization (WTO) Doha Services Negotiations and in the WTO Bilateral Services Accession Negotiations for Russia and Saudi Arabia. Ms. Bliss led the three year Model Bilateral Investment Treaty (BIT) Review that resulted in the 2012 Model BIT. She also served as Chief Counsel and Acting Assistant USTR for Monitoring and Enforcement, responsible for managing U.S. litigation in the WTO, NAFTA, and other multilateral and bilateral trade agreements.

George Burn is a Partner in the Vinson & Elkins’ International Dispute Resolution Group based in their London office. He is a seasoned advocate appearing in international arbitration proceedings, representing companies and individuals. Mr. Burn is admitted in England as a Solicitor- Advocate. His practice covers both Investor-State arbitration and commercial arbitration, and has involved the full range of arbitral seats and arbitral rules (ICSID, UNCITRAL ,ICC, LCIA, SIAC, SCC, PCA, CRCICA, CIArb, etc). The cases on which Mr. Burn works involve issues of public international law, private international law, English law and the law of numerous other jurisdictions. His cases often involve complex or novel issues of jurisdiction, and he has worked on various cases in which the relationship between Investor-State law and criminal law (national and international) has been at issue. He has particular strength in arbitrations coming out of projects in emerging markets, with clients from, or working in, regions such as the Middle East, the CIS, Eastern Europe, Africa, South Asia, East Asia, and the Caribbean. As well as acting as Counsel, he regularly sits as an arbitrator, and has been appointed as Sole Arbitrator, Chair of the Tribunal and Co-Arbitrator. He sits in commercial and Investor-State cases.

Marinn Carlson is a Partner in Sidley Austin’s Washington, D. C. office. She focuses her practice in international dispute settlement, with an emphasis on investment disputes, including investor-state arbitration and international commercial arbitration. She has represented foreign investors, as well as respondent governments in ICSID and UNCITRAL arbitrations under investment treaties and trade agreements, including NAFTA. Ms. Carlson has represented corporate clients in a wide range of institutional and ad hoc international commercial arbitrations. She has also represented clients in U.S. litigation with international ramifications, and as amici curiae in foreign affairs, intellectual property and Commerce Clause cases before the United States Supreme Court and various courts of appeal. Ms. Carlson counsels clients in sectors ranging from financial service to energy to infrastructure development on the implications of international trade and investment rules for their global operations.

Maria Chedid is a Partner in Baker & McKenzie’s San Francisco office. She chairs their Disputes Practice in California. She has been an international arbitration practitioner for more than 20 years, acting as counsel in both commercial and investor-state arbitration before a variety of arbitral institutions, including the ICC, LCIA, ICDR, AAA, JAMS, ICSID, IUSCT, and UNCC. Ms. Chedid’s arbitrations have involved disputes relating to licensing, distribution, technology, energy, infrastructure, political risk, insurance, construction, government contracts, joint ventures, and taxation; and parties from Asia, Europe, the Middle East, Africa and Latin America.

Linda Dempsey is the Vice President of International Economic Affairs at the National Association of Manufacturers (NAM) in Washington, D.C. She leads NAM’s efforts to improve the global competitiveness of manufacturers in the United States by advocating intellectual property protectin, increased export financing and the elimination of trade barriers as well as pushing for agreements and treaties to open up new export markets to create jobs. Ms. Dempsey worked as trade counsel for the Senate Finance Committee for several years where she advised the committee’s members on trade legislation; multilateral, reginal and bilateral trade and investment issues and negotiation; and related matters on international tax, labor and the environment.

Diane Desierto is an Associate professor of Law and Michael J. Marks Distinguished Professor in Business Law and Co-Director of ASEAN Law & Integration Center at the University of Hawaii at Mānoa, William S. Richardson School of Law. Her teaching and research areas include international law and international dispute settlement and international investment and commercial arbitration law. Professor Desierto’s advisory/legal expert appointments include among others, Asian Development Bank Office of the Chief Economist; European Union External Action Service; United States Agency for International Development (USAID); Committee on Foreign Relations of the Senate of the Philippines.

Adam Douglas is an Attorney with Global Affairs Canada in its Trade Bureau. His practice focuses on public international law, investor-state arbitration, and trade and investment policy. Mr. Douglas has public and private sector experience in international arbitration proceedings conducted before panels administered by the ICSID, PCA and ad hoc tribunals under the UNCITRAL Arbitration Rules. His experience includes representing the Government of Canada in more than ten investor-State arbitrations in the areas of oil & gas, energy regulation, telecommunications, pharmaceuticals and transportation. He also advises the government during the negotiation of free trade agreements and foreign investment protection agreements, and instructs government ministries on Canada’s trade and investment obligations in relation to potential claims.

Helene Gogadze is an Attorney with Fried Frank in their Washington, D.C. office. She practices in their International Arbitration practice group. Ms. Gogadze’s practice focuses on international arbitration, commercial litigation, and international trade and investment. Her experience includes advising and representing clients in commercial and investment arbitration disputes, including disputes involving state government and state-owned entities, and actions before national courts in relation to arbitration proceedings. Among her recent representations: representing Total E&P Uganda B.V. in ICSID arbitration proceedings against the Government of Uganda under the Netherlands-Uganda Bilateral Investment Treaty and the contract.

Levon Golendukhin is a lawyer in Dentons’ New York office. He is a member of their Litigation and Dispute Resolution practice group and concentrates his practice on commercial litigation, commercial arbitration and investor-state arbitration. Mr. Golendukhin has been involved at all stages of the commercial dispute resolution process, from pleadings to appeals to enforcement, and has appeared in both federal and state courts and before arbitration tribunals.

Justin M. Jacinto is a Partner in Curtis, Mallet-Prevost, Colt & Mosle’s International Arbitration group in their Washington, D.C. and London offices. His practice focuses on investment treaty arbitration, international commercial arbitration, and public international law disputes. Mr. Jacinto also has experience with project finance and development matters. He has served as counsel to States, national oil corporation, sovereign wealth funds and other state-owned entities, and private companies in arbitration under institutional and ad hoc arbitration rules. Mr. Jacinto has particular expertise in disputes relating to divestitures, exploration and production sharing agreements, concession agreements, and licensing matters, and in international tax disputes. He previously worked in the World Bank’s Latin America & Caribbean department where he focused on infrastructure investment and environmental policy and management.

Jan Janssen is an Attorney in Crowell & Moring’s Brussels office. He advises on national and international Dispute Resolution with a special focus on intellectual property, information technology and the liberalization of sectors. His practice primarily involves complex, civil litigation and (international) arbitration in a variety of industries including fashion, media, postal services, technology and telecommunications. Mr. Janssen provides contractual advice and assists clients in protecting, managing and enforcing their intellectual property rights, including in transactional matters, such as distribution, agency, licensing, technology transfer, software development, outsourcing and service level agreements.

Jonathan (Josh) Kallmer is Information technology Industry Council’s (ITI) Senior Vice Presidnet for global policy. He leads ITI’s efforts to influence policy developments around the globe in ways that enable innovation and economic growth, while supporting governments in achieving their public policy objectives. With a team of experience professionals, he is responsible for crafting and executing policy strategies in every region of the world and on a wide range of issues, such as privacy and data protections, cybersecurity, trade and market access, standards, the Internet of Things (IoT), artificial intelligence, and taxation, among others. From 2007-2012, Mr. Kallmer served as Deputy Assistant U.S. trade Representative for Investment, where he was responsible for developing and implementing U.S. international investment policy and negotiating with foreign governments to secure greate market access and better treatment for U.S. companies abroad. He co-chaired the United States’ bilateral investment treat (BIT) program andwas lead U.S. negotiator for several international investment agreements.

Robert Reyes Landicho is an Attorney in Vinson & Elkins’ Houston office. He specializes in investor-state arbitration, international commercial arbitration, and U.S. commercial litigation. Mr. Landicho has represented clients in investor-State disputes at ICSID and under the UNCITRAL rules, as well as in ICC, ICDR, DIFC and LCIA commercial arbitration. In U.S. courts, Mr. Landicho has experience with the U.S. Foreign sovereign Immunities Act, act of state doctrine, and questions of jurisdiction over non-U.S. domiciled parties. Mr. Landicho has particular experience in oil and gas, construction and infrastructure, banking, manufacturing, real estate, franchising, and intellectual property international disputes involving Middle Eastern, European, and North American parties.

Timothy G. Nelson is a Partner in the New York office of Skadden, Arps, Slate, Meagher & Flom. He represents clients in a variety of disputes involving cross-border and international law issues, including arbitration before international bodies such as the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration rules of the United National Commission of International Trade Law (UNCITRAL).

Michael Nolan is a Partner in the Washington, D.C. office of Milbank, Tweed, Hadley & McCloy and a member of the firm’s Litigation and Arbitration Group. A partner since 1998, Mr. Nolan has represented clients in US federal and state courts and before arbitral tribunal in all manner of complex disputes, including general commercial, securities, antitrust, tax and insolvency cases. Mr. Nolan’s practice has a particular focus on international arbitration and transnational litigation. He has served as counsel or arbitrator in cases under AAA, ICC, ICSID, UNCITRAL and other rules. His arbitrations have involved electricity, gas, transportation and mining concessions; joint-venture agreements, satellite and other insurance coverage; construction; and energy distribution. He has represented both investors and states in arbitration pursuant to bilateral investment treaties and the Energy Charter Treaty.

Harsh Sancheti is an Attorney in Dechert’s Washington, D.C. office. He focuses his practice on international arbitration and litigation. He has experience handling commercial and investor-state disputes under ICSID, UNCITRAL, ICDR and SIAC rules. Mr. Sancheti has represented an Eastern European oil and gas company in an UNCITRAL arbitration against a State involving the privatization of the national oil and gas company . He has also represented an Easter Europena oil and gas company in an ICSID arbitration against a State involving the privatization of the national oil and gas company.

Arianna Sánchez is a lawyer in the New York office of Curtis, Mallet-Prevost, Colt & Mosle. She practices in the International Arbitration group and focuses on international arbitration, corporate transactions and project finance with a particular emphasis on Mexico, Latin America and the oil and gas sector.

James Searby is the Senior Managing Director in FTI’s Consulting’s economic and financial consulting practice, specializing in the assessment of quantum issues in contentious matters, in both litigations in national courts and international arbitrations. His primary expertise is in the field of valuation, whether of businesses, contracts, damages, intellectual property or financial assets. Mr. Searby has a broad range of experience in the assessment of complex damages in high-value international arbitration and litigation cases in matters involving, inter alia, alleged expropriation, breach of contract, patent infringement and shareholder disputes. The range of Mr. Searby’s industry experience encompasses telecommunications, oil and gas, chemicals, tobacco, infrastructure, healthcare, media, life insurance, retailing and banking.

Michael J. Smart is a Managing Director at Rock Creek Global Advisors an international economic policy advisory firm in their Washington, D.C. office. He focuses on international trade and investment policy, including market access and regulatory matters. Mr. Smart is currently advising multinational


Continuing Legal Education Credit
Earn 7 hours NYS CLE credit hours (transitional and non-transition) in the Areas of Professional Practice.

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