Law Journal Conference
Loyola University Chicago Law Journal
Moving Toward a "Global Super Court"?: Examining and Reshaping Investor-State Arbitration
Philip H. Corboy Law Center - Power Rogers & Smith Ceremonial Courtroom
25 East Pearson Street, Chicago
Friday, April 7, 2017
Conference Brochure (PDF)
This program has been approved by the Illinois MCLE Board for 6.25 hours of credit.
RSVP to firstname.lastname@example.org
Jessica Pedersen, Executive Editor of Conference Management
Cynthia Ho, Clifford E. Vickrey Research Professor and Director, Intellectual Property Program, Loyola University Chicago School of Law
FRIDAY, APRIL 7, 2017
8:00–8:45 AM | Welcome and Continental Breakfast
8:45–9:00 AM | Opening Remarks
Ceremonial Courtroom, 10th Floor
Professor of Law and Faculty Advisor,
Loyola University Law Journal
Loyola University Chicago School of Law
9:00–10:00 AM | Featured Speaker
Legality, Legitimacy, and ISDS
David Schneiderman, University of Toronto Faculty of Law
10:00–11:30 AM | Panel #1
Moving Toward a Level Playing Field: Protecting Investment and Human Rights in Developing Nations
Won Kidane, Seattle University School of Law
Sonia Rolland, Northeastern University School of Law
Pedro Martinez-Fraga, Bryan Cave LLP
11:30–11:45 AM | Break
11:45–12:45 PM | Panel #2
Zooming in on ISDS’ Economic Consequences Through an IP Lens
Peter Yu, Texas A&M University School of Law
Brook Baker, Northeastern University School of Law
12:45–1:45 PM | Lunch in the Courtroom
1:45–3:00 PM | Panel #3
Improving the ISDS System
Gus Van Harten, Osgoode Hall Law School
Stephen Anway, Squire Patton Boggs
Sungjoon Cho, IIT Chicago-Kent College of Law
3:00–3:15 PM | Break
3:15–4:45 PM | Panel #4
The Current Landscape and Future Relevance of the “Global Super Court”
Charles “Chip” Brower, Wayne State University Law School
David Gantz, University of Arizona James E. Rogers School of Law
Jose Antonio Rivas, Arnold & Porter Kaye Scholer LLP
4:45–5:00 PM | Closing Remarks
ABOUT THE CONFERENCE - The Loyola University Chicago Law Journal proudly announces “Inside the ‘Global Super Court’: Examining and Reshaping Investor-State Arbitration” to be held on April 7, 2016.
This one-day conference will explore the various perspectives, benefits, drawbacks, and procedures related to investor-state dispute settlement. More specifically, the conference will focus on the role of investor-state dispute settlement in the current and future international climate. Panelists will examine the legitimacy of this type of arbitration and the ramifications of the “global super court” for corporations, governments, and global human rights.
CONFERENCE LOCATION - The Conference will be held in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St. on Loyola University Chicago’s Water Tower Campus. Validated parking is available in a number of locations adjacent to the School of Law.
REGISTRATION INFORMATION - Loyola University Chicago School of Law is pleased to present this Conference at no charge for Loyola students and faculty and individuals not seeking CLE credits. For those who wish to obtain credit, registration fees are $50 or $40 for alumni. There is no charge for CLE credit for current faculty, staff or students, and an immediate 50 percent fee reduction is offered for attorneys working in the areas of government or public interest. Seating is limited and registration is appreciated. Open seating will be available on a first-come basis to those who do not register.
ABOUT THE LAW JOURNAL - The Loyola University Chicago Law Journal is the law school’s primary scholarly publication that is distributed throughout the nation’s law libraries, judges’ chambers, and other various legal organizations. Published continuously since 1970, the Law Journal is committed both to the examination and analysis of current legal issues and problems and to the development of the law. The Law Journal is edited and managed entirely by students and publishes the work of distinguished writers, including academics, practitioners, and judges. The Law Journal also publishes student-written Notes and Comments.
David Schneiderman is a professor of law and political science at the University of Toronto Faculty of Law. He was called to the Bar of British Columbia in 1984 where he practiced law and then served as Research Director of the Canadian Civil Liberties Association in Toronto from 1986–89. He was Executive Director of the Centre for Constitutional Studies, an interdisciplinary research institute, at the University of Alberta from 1989–99. Professor Schneiderman has authored numerous articles on Canadian federalism, the Charter of Rights, Canadian constitutional history, and constitutionalism and globalization. He has authored and edited numerous books and articles related to international investment law, and is the founding editor of the quarterly Constitutional Forum constitutionnel, and founding editor-in-chief of the journal, The Review of Constitutional Studies.
Panel 1: Moving Toward a Level Playing Field: Protecting Investments and Human Rights in Developing Nations
Won Kidane is an associate professor of law at the Seattle University School of Law. He teaches and writes in the areas of international arbitration and litigation, international and comparative law, and immigration law and clinic. Professor Kidane has published a comprehensive book on dispute settlement in China-Africa economic relations focusing on investment and commercial arbitration. He is the author of the new book The Culture of International Arbitration, published by Oxford University Press. He has also authored several other books and articles. Professor Kidane previously practiced in Washington, DC, where his work focused on international arbitration and litigation. He continues to consult in these areas with law firms.
Sonia Rolland is a professor of law and faculty director, LLM and International Programs at Northeastern University School of Law. Professor Rolland's writings focus on the legal framework for sustainable and socio-economic development in international economic law. Through the exploration of different subject matters, she examines the intersection of legal regimes to improve the understanding of an increasingly multi-layered international and transnational legal order. Professor Rolland's book, Development at the WTO, proposes a legal framework for development at the World Trade Organization, combining an analysis of substantive law and institutional perspectives. Professor Rolland has published widely in French and in English. Her writings have appeared in the Journal of International Economic Law, Harvard International Law Journal, Georgetown Immigration Law Journal, Global Community Yearbook, and the European Journal of International Law, amongst others.
Pedro J. Martinez-Fraga is the co-leader of Bryan Cave, LLP’s International Arbitration team. He is a leading practitioner in the field of international litigation and transnational arbitration, including complex jurisdictional disputes concerning common law and civil law issues. He has represented several different sovereign nations in arbitration disputes, and has served as an arbitrator in International Chamber of Commerce and International Centre for Settlement of Investment Disputes proceedings. Mr. Martinez-Fraga is a World Bank arbitrator. On December 16, 2015, President Barack Obama appointed Mr. Martinez-Fraga as one of four U.S. delegate members to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes effective February 23, 2016. He is the first Hispanic to have been so appointed in the history of the Washington Convention of 1965.
Panel 2: Zooming in on ISDS’ Economic Consequences Through an IP Lens
Peter Yu is professor of law and co-director of the Center for Law and Intellectual Property at Texas A&M University School of Law. Born and raised in Hong Kong, Professor Yu is a leading expert in international intellectual property and communications law. He also writes and lectures extensively on international trade, international and comparative law, and the transition of the legal systems in China and Hong Kong. A prolific scholar and an award-winning teacher, he is the author or editor of six books and more than one hundred law review articles and book chapters. He serves as the general editor of The World Intellectual Property Organization (WIPO) Journal and chairs the Committee on International Intellectual Property of the American Branch of the International Law Association. Professor Yu has spoken at events organized by WIPO and the Chinese, EU and U.S. governments, and at leading research institutions from around the world.
Brook Baker is a professor of law at Northeastern University Law School. His recent scholarship has focused on intellectual property; access to medicines; and intensifying the legal, economic and policy response to the global HIV/AIDS pandemics. He has taught and consulted South African law schools and law school clinics since 1997. Professor Baker is an honorary research fellow at the University of KwaZulu Natal in Durban, South Africa. He has written and consulted extensively on intellectual property rights, trade, access to medicines, and medicines regulatory policy. He also serves as an non-governmental organizations board member to UNITAID, which acts to improve market dynamics and early market entry of medicines and diagnostics needed to address HIV/AIDS, TB, Hepatitis C, and malaria. In January 2015, Professor Baker joined the Technical Working Group of the Equitable Access Initiative, which seeks to develop a new framework to classify countries by key components of equitable access to health.
Improving the ISDS System
Gus Van Harten is a professor of law at Osgoode Hall Law School. He was previously on faculty at the London School of Economics where he taught Administrative Law, International Economic Law, International Commercial Arbitration, and Public International Law. His book, Investment Treaty Arbitration and Public Law (OUP, 2007), presents a public law critique of investment treaty arbitration and proposes the establishment of an international investment court to ensure independence and accountability in the international adjudication of regulatory disputes between states and investors. He received the William Robson Memorial Prize from the London School of Economics, a doctoral fellowship from the Social Sciences and Humanities Research Council of Canada, an Overseas Research Award from Universities UK, and a Research Award from the Canadian International Development Agency.
Stephen Anway is a partner at Squire Patton Boggs, where he is the co-head of the Investment Arbitration team and a member of the Global Board. He is also an adjunct professor of law in the international law department at Case Western Reserve University School of Law— ranked one of the top ten international law programs in the United States—where he teaches a full thirteen-week doctrinal course every year on international arbitration. Mr. Anway has worked in more than twenty-five countries and has represented clients—including eight different sovereign nations and numerous foreign investors—in some seventy international arbitration proceedings. Mr. Anway has represented the winning party in many of the largest international arbitrations in the world over the past twelve years. In 2016, the Slovak Republic appointed Mr. Anway to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes.
Sungjoon Cho is a professor of law at IIT Chicago-Kent College of Law. His scholarly research and teaching interests include international economic law, international relations, and comparative law. In his pre-academic career, Professor Cho represented the government of the Republic of Korea in negotiations under the WTO and the Organization for Economic Cooperation and Development. He has recently been appointed member of arbitration panel roster under Chapter 14 (Dispute Settlement) of the Korea-European Union Free Trade Agreement. Professor Cho also serves as a consultant to the South Korean government's Ministry of Trade, Industry, and Energy and the Financial Services Commission. Professor Cho's works have been selected for the prestigious Stanford/Yale Junior Faculty Forum twice.
Panel 4: The Current Landscape and Future Relevance of the “Global Super Court”
Charles “Chip” Brower is professor of law at Wayne State University College of Law. In addition to nearly twenty years of academic experience touching on virtually every aspect of international law and international dispute settlement, Professor Brower has provided legal services to private parties, governments and organizations, including as arbitrator, advocate for the Government of Costa Rica in proceedings before the International Court of Justice and a member of the American Arbitration Association's observer delegation to United Nations Commission on International Trade Law (UNCITRAL) Working Group II, at a time when that body adopted the 2010 revisions to the UNCITRAL Arbitration Rules and the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration. He is of counsel to Miller Canfield in Detroit and is listed in Who's Who Legal: Arbitration (2015, 2016 and 2017). A prolific writer, Professor Brower received the prestigious Smit-Lowenfeld Prize in 2012 for the best article published on the topic of international arbitration.
Jose Antonio Rivas is an associate at Arnold & Porter Kaye Scholer LLP in Washington, D.C., where he focuses on dispute resolution and representation of sovereign States and private sector companies in international arbitration, litigation, and public international law matters. Mr. Rivas represents a sovereign State in Dominican Republic-Central America Free Trade Agreement disputes and a Turkish energy company in an International Centre for Settlement of Investment Disputes (ICSID) dispute against Pakistan. His professional experience includes acting as counsel in international arbitrations under the Rules of the ICC, ICSID, and UNCITRAL. He represented the Republic of Colombia and won dismissal of all claims in the $17 billion litigation before U.S. federal courts, involving a Spanish Galleon that sank off the coast of Colombia in 1708. He has also advised sovereign States on model investment treaties, and matters concerning the law of the sea, territorial disputes, and protection of cultural heritage.
David Gantz is the Samuel M. Fegtly Professor of Law and Director Emeritus, International Economic Law and Policy Program at the University of Arizona James E. Rogers College of Law. He previously spent seven years with the Office of the Legal Adviser, U.S. Department of State. At the State Department, he was the chief lawyer responsible for Inter-American affairs. Subsequently, he practiced international trade and corporate law in Washington, D.C. He has served as a binational panelist under the trade dispute resolution provisions of Chapters 19 and 20 of the North American Free Trade Agreement (NAFTA) as a Chapter 11 arbitrator, and as an expert witness in other trade and investment disputes. He has also served as the U.S. judge on the Administrative Tribunal of the Organization of American States. Professor Gantz has written extensively on NAFTA customs and trade law issues, NAFTA and WTO dispute resolution, foreign bribery and other international trade, investment and environmental law matters,
James T. Gathii is a professor of law and Loyola University Chicago’s Wing-Tat Lee Chair in International Law. His distinguished record of scholarship, teaching, and practice in the field of international human rights and trade have made a lasting impact on law and policy in Africa and around the world. Professor Gathii is widely published in the areas of international human rights and trade law and speaks extensively on these topics both in the US and abroad. His books have received critical acclaim for their roles in examining the relationship between regional trade rules and the WTO legal system, and how international law is shaped by war and commerce, respectively. In addition to his books, Professor Gathii has authored over 70 articles and numerous book chapters.
Professor Cynthia Ho is the Director of the Intellectual Property Program at Loyola University Chicago. She has written articles on various aspects of intellectual property law that have appeared in major law reviews, and been cited in several intellectual property and patent law case books as well as in international reports. She has made particular contributions in the area of international intellectual property, as well as patent issues involving biotechnology or health policy. For example, she has served as a consultant to the United Nations Convention on Biological Diversity (CBD) on an issue at the interface of international patent law and biotechnology and has provided consultation to the National Institutes of Health (NIH).
Joseph R. Profaizer is a partner in the Litigation practice of Paul Hastings based in the firm’s Washington, D.C. office. He maintains a litigation and arbitration practice that focuses on complex international disputes. Mr. Profaizer represents public and private corporations as well as foreign sovereigns and their instrumentalities in a wide range of complex multi-jurisdictional disputes, including insurance, investment, commercial, construction, energy, e-commerce, pharmaceutical, securities, and technology disputes. Mr. Profaizer, a U.S.-qualified attorney and English-qualified Solicitor, has practiced in both the United States and England, and served as counsel in threatened or actual litigation or arbitration in over 45 countries. He has successfully represented clients in state and federal courts at both the trial and appellate levels, as well as in over 50 arbitrations under the rules of the ICC, the AAA/ICDR, the LCIA, the SIAC, the HKIAC, ICSID, JAMS, and UNCITRAL.
No Charge Loyola students and faculty, and individuals who do not wish to obtain CLE credits
$50 Individuals seeking CLE credits
$40 Loyola graduates seeking CLE credits
50% FEE REDUCTION for attorneys working in the areas of government interest