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Expert Panel seriesÌýon International Arbitration – Fall 2022

Investment Agreements of the 21^st Century: USMCA and Beyond

OCTOBER 20 AND 25 - NOVEMBER 1 AND 8

This year 2022’s Series of Panel Presentations on International Arbitration, co-organized by the Swiss Institute of Comparative Law and the Center on International Commercial Arbitration at Â鶹ÊÓƵ Washington College of Law will focus on regulating investment protection and ask if USMCA Chapter 14 is a standard setter or an agreement for the moment. This series of discussions aims to critically evaluate the new generation of BITs with a focus on treaty structures. At the base of our inquiry is the question of whether made-for-the-moment treaties can provide long-lasting protections for investors, hosts, and local communities and what structural elements can either support the long-term suitability of the treaty or what structural elements need to be added on to ensure that the treaty provisions can become long-lasting.

Complete Program

First Panel (in-person event, with live re-transmission)

The Legacy of NAFTA Chapter 11: USMCA and Beyond

In collaboration with UNCTAD, this panel will be held in-person and retransmitted liveÌýat the Offices of DLA Piper, 27 rue Laffitte, 75009 Paris, France

Thursday, October 20, 2022: 17-19.00 hours

We start with an overview of the original FTA investment protection chapter, the North American Free Trade Agreement’s Chapter 11 and investigate its progeny around the world. We ask how they differ in terms of structure and ask whether the differences arose out of the NAFTA parties’ experience with the NAFTA or with the political, legal, economic, or social demands of the moment. We also ask what impact NAFTA had on other investment protection regimes around the world, and how it shaped the current debate about investment treaty and arbitration reform.

Panelists:

• Associate Expert, UNCTAD, Geneva
• , Independent Arbitrator, London
• , Founding Partner, Honlet Legum Arbitration, Paris
• , Professor of Law, University of Ottawa; Independent International Arbitrator
• , Independent International Arbitrator

Moderator: , Institut Suisse de Droit Comparé, Lausanne

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Second Panel (online)

USMCA Chapter 14: Experiences (Mexican perspective)

Tuesday, October 25, 2022: 11:00 a.m.-1:00 p.m., EST / 17:00-19:00 p.m., CET

The second event is an online-only session that will focus on Mexico’s view of how well the USMCA Chapter 14 is fulfilling its goals. Are the new structures providing the country the security it seeks as a host state? Are the structures offering Mexican investors the assurances they need to invest in their USMCA partners?

Panelists:

• , Independent International Arbitrator, Mexico
• , Partner at Creel, García-Cuéllar, Aiza y Enríquez, S.C., Mexico
• , International Arbitrator, and Of Counsel and head of the Arbitration and Dispute Resolution Practice at Creel, García-Cuellar, Aiza y Enríquez, S.C.

Moderator:

• , Institut Suisse de Droit Comparé, Lausanne

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Third Panel (online)

USMCA Chapter 14: Experiences (Canadian perspective)

Tuesday, November 1, 2022, 11:00 a.m.-1:00 p.m., EST / 17:00-19:00 p.m., CET

The third event is an online-only session that will focus on Canada’s view of how well the USMCA Chapter 14 is fulfilling its goals. As not included in the scope of the investment chapter at all, Canada’s role is a special one. Our discussion will focus on this third-party aspect, asking also about the feasibility of referring to dispute settlement provisions of a different trade agreement as a substitute for an own-regime approach.

Panelists:

• , General Counsel and Director, Trade Law Bureau, Government of Canada
• , Associate Professor, University of Calgary
• , Partner,ÌýNorton Rose Fulbright Canada LLP / S.E.N.C.R.L., s.r.l.

Moderator:

• Horacio A. Grigera Naón, Director, Center on International Commercial Arbitration, Â鶹ÊÓƵ Washington College of Law

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Fourth Panel (in-person event at the Â鶹ÊÓƵWCL Center on International Commercial Arbitration, with live re-transmission)

USMCA Chapter 14: Experiences (US perspective)

Tuesday, November 8, 2022, Ìý12:00-2:00 p.m., EST / 18:00-20:00, CET, at the Washington College of Law, inÌýRoom NT08 (how to get there?)

The closing event of this Series will take place in person in Washington, D.C., with live re-transmission on internet. This session will focus on the United States’ practice involving the USMCA Chapter 14. ÌýBeyond asking if the new structures are providing the country the security it seeks as a host state and whether the structures are offering US investors the legal security they need to invest in their USMCA partners, this session will consider what lessons the USMCA may hold for future FTAs.

Panelists:

• , Partner, Steptoe & Johnson LLP, Washington, D.C.
• , Partner, Sidley Austin LLP, Washington, D.C.
• , Attorney-Adviser,ÌýU.S. Department of State, Office of the Legal Adviser

Moderator:

• Björn Arp, Fellow, Center on International Commercial Arbitration, Â鶹ÊÓƵ Washington College of Law

Summary and Concluding Remarks, following the panel

• , Deputy Director, Institut Suisse de Droit Comparé, Lausanne
• Horacio A. Grigera Naón, Director, Center on International Commercial Arbitration, Â鶹ÊÓƵ Washington College of Law