The Kuala Lumpur Regional Centre for Arbitration (KLRCA) is proud to organise in collaboration with the Institute of Malaysian and International Studies (IKMAS) an international conference on investment arbitration on 10 and 11 March 2016 (KIIAC 2016).

The keynote speech will be delivered by the highly respected academic and arbitrator Brigitte Stern (France), Professor Emeritus of International Law at the Sorbonne Law School in Paris (Université Paris 1 Panthéon-Sorbonne).

Since their emergence, investor-State dispute settlement (ISDS) mechanisms have met with a resounding success. One of the most striking testaments to this success is the steady increase in the number of investor-State arbitrations over the past several years. However, over the past decade, an increasing sceptical attitude of States towards these mechanisms is palpable.

The Conference – the first of its kind in Asia – will be a platform for all participants to engage in rich dialogues and knowledge exchange, which are reflected in the extensive Conference programme that includes international and national keynote and plenary speakers addressing complex issues raised by investor-State arbitration, with a particular focus on the Asia Pacific region, following the signing of the Trans-Pacific Partnership Agreement (TPPA).

Through its many attentive sessions, luncheons, and evening reception, KIIAC 2016 seeks to encourage and induce active participation and interaction amongst the brightest practitioners, leading regional and international institutions, eminent professors/researchers and investment treaty arbitration enthusiasts from around the globe.

KIIAC 2016 is supported, inter alia, by International Centre for Settlement of Investment Disputes (ICSID), the Regional Centre for Asia and the Pacific of United Nations Commission on International Trade Law (UNCITRAL), the School of International Arbitration – Queen Mary University of London, the Chartered Institute of Arbitrators (CIArb) and the Association for International Arbitration (AIA).

Brigitte Stern is Professor Emeritus at the Sorbonne Law School in Paris (Université Paris 1 Panthéon-Sorbonne). She was also a Member and the Vice-President of the United Nations Administrative Tribunal (UNAT) from 2000 to 2009.

She has served and serves as a Consultant and Expert for international organisations. She is active in international dispute settlement, acting as Counsel before the International Court of Justice and as Arbitrator (Sole Arbitrator, Member or President) in numerous ICSID, ICC, NAFTA, Energy Charter Treaty and UNCITRAL arbitrations.

She holds a Master’s degree and a JD from the University of Strasbourg, a Master of Comparative Jurisprudence (MCJ) from New-York University, and a PhD from the University of Paris.

She passed the Paris Bar exam and is “Agrégée” of the Law Faculties (1970). She has published many books, among others, Le préjudice dans la théorie de la responsabilité internationale, Paris, Pedone, 1973, 20 ans de jurisprudence de la Cour internationale de Justice. 1975-1995, La Haye, Nijhoff, 1998, La succession d’Etats, Lecture at The Hague Academy of international law, RCADI, tome 262, La Haye, Kluwer, 2000, as well as numerous articles.

10th March 2016

Time	Programme	Speakers / Presenters
5.00pm	Event Registration
6.00pm	Welcome Speech	Datuk Professor Sundra Rajoo, Director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA)
6.10pm	Opening Address	His Highness Prince Dr Bandar bin Salman bin Mohammed Al Saud, Honorary President of the Gulf Arab States Lawyers Union
6.20pm	Opening Speech	Honourable Puan Hajah Nancy Binti Shukri, Minister in the Prime Minister’s Department
6.30pm	Keynote Speech	Brigitte Stern, Professor Emeritus at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne)
7.15pm	KIIAC 2016 Cocktail Reception
10.00pm	End of Programme

11th March 2016

Time	Programme
9.00am	Session 1: Promoting Investments and Administering Investment Disputes – Tales from Regional and International Institutions Moderator: Datuk Professor Sundra Rajoo, Director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA)Speakers: Aïssatou Diop, Legal Counsel at International Centre for Settlement of Investment Disputes (ICSID) “ICSID’s 50th Anniversary – Progress and Prospects” Fedelma Claire Smith, Legal Counsel at the Permanent Court of Arbitration (PCA) “Provisional Measures in Investor-State Arbitration: The PCA’s Experience” Abhinav Bhushan, Director – South Asia, ICC Arbitration ADR “How Established Is Investment Arbitration in Asia?” João Ribeiro, Head, Regional Centre for Asia and the Pacific of United Nations Commission on International Trade Law (UNCITRAL) “The UNCITRAL Rules on Transparency” Dr. Sufian Jusoh, Associate Professor at the Institute of Malaysian and International Studies (IKMAS) “Dispute Settlement in the 2009 ASEAN Comprehensive Investment Agreement” Camilla Godman, Regional Director for the Far East/Australasia of the Chartered Institute of Arbitrators (CIArb) “ISDS in the TTIP: EU’s proposed “Investment Court System” Wolf von Kumberg, Full Member of the Arbitration, Mediation and Dispute Board Chambers (ArbDB) “Mediation of Investor-State Disputes”
11.00am	Morning Networking Break
11.15am	Session 2: Investment Arbitration – The Practitioner’s Point of View Moderator: Dr. Ioannis Konstantinidis, Head of Investment Treaty Arbitration and International Law, Kuala Lumpur Regional Centre for Arbitration (KLRCA)Speakers: Andrew Pullen, Counsel, Allen and Overy (Singapore) “Investment Arbitration and Unmeritorious Claims” Olga Boltenko, Senior Associate, Clifford Chance (Singapore) “Investment Protection in the Oil and Gas Sector” Loretta Malintoppi, Of Counsel, Eversheds (Singapore) “Trans-Pacific Partnership Agreement: Investor-State Dispute Settlement Provisions” Constantinos Salonidis, Senior Associate, Foley Hoag (Washington D.C.) “Jurisdiction Ratione Temporis in Investment Treaty Arbitration”
12.15pm	Networking Lunch Break
1.30pm	Session 2: Investment Arbitration – The Practitioner’s Point of View (con’t) Moderator: Vinayak P. Pradhan, KLRCA Advisory Board Member, Skrine Speakers: Robert Volterra, Partner, Volterra Fietta (London) “Recent Developments in Investor-State Dispute Settlement” Paul Tan, Partner, Rajah & Tann (Singapore) “Renegotiating International Investment Agreements: Recent developments” Thayananthan Baskaran, Partner, Zul Rafique & Partners (Kuala Lumpur) “State-Owned Enterprises and Investment Arbitration” Alastair Henderson, Managing Partner, Head of international arbitration practice, Southeast Asia, Herbert Smith Freehills (Singapore) “Enforcement of Investment Arbitration Awards in the Asia Pacific Region” Robert Kirkness, Senior Associate, Freshfields Bruckhaus Deringer (Singapore) “Costs and Damages in Investment Treaty Arbitration” Sudharsanan Thillainathan, Partner, Shook Lin & Bok (Kuala Lumpur) “Ethical Issues in Investment Arbitration: Myth or Reality?”
4.00pm	Evening Networking Break
4.15pm	Session 3: Doctrinal Developments in Investment Arbitration Moderator: Brigitte Stern, Professor Emeritus at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne) Speakers: Geneviève Bastid Burdeau, Professor Emeritus at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne), Member of the Permanent Court of Arbitration (PCA), former Secretary General of the Hague Academy of International Law, Member of the Institut de Droit international “The Institut de Droit international and Investment Treaty Arbitration” James Claxton, Professor at Kobe University “Counterclaims in Investor-State Arbitration” Jean Ho Qing, Assistant Professor at the National University of Singapore “The Evolution of Investment Contract Protection” Norfadhilah Mohd Ali, Senior Lecturer at the Islamic Science University of Malaysia “Investment Arbitration and Shariah Law” Loukas Mistelis, Professor at the School of International Arbitration – Queen Mary University of London “The Concept of Public Policy in Investment Arbitration” Dr. James Upcher, Lecturer at Newcastle University “The Connection between Rights and Remedies in Provisional Measures”.
6.30pm	Closing
6.45pm	End of Programme

   

Click here to view speakers’ profiles.

KIIAC 2016 will be attended by experienced lawyers, eminent academics, government executives, decision makers, and key policy makers from leading law firms, universities, regional and global government organisations, ministries, agencies, the oil and gas industry, the banking industry etc.

   

   

We look forward to welcoming you to KIIAC 2016.