North 2018 CIArb CONFERENCE America Branch Tuesday, April ... · jurisdictional objections for claimants, states and state-owned entities to use in investment arbitrations How arbitration

Tu e s d a y , A p r i l 3 , 2 0 1 8 | J o n e s D a y L a w O f f i c e 3 0 0 N e w J e r s e y Av e n u e , N W | Wa s h i n g t o n , D C

2 0 1 8 C I A r b C O N F E R E N C E

Highlights Practical strategies on preliminary and

jurisdictional objections for claimants, states and state-owned entities to use in investment arbitrations

How arbitration of disputes involving U.S. federal and state entities are unique

Practical tips in recognizing and enforcing arbitral awards against foreign sovereign entities

Third-party funding in international commercial and investment arbitration

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Arbitrating Disputes with Foreign Sovereigns and Sovereign-Owned Entities

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A B O U T C I A r b

The Chartered Institute of Arbitrators (CIArb) is an international centre of excellence for the practice and profession of alternative dispute resolution (ADR). Our growing membership of 15,000 is based across 133 countries and supported by an international network of 38 branches.

CIArb provides education and training for arbitrators, mediators and adjudicators. It also acts as a global hub for practitioners, policy makers, academics and those in business, supporting the global promotion, facilitation and development of all ADR methods.

CIArb offers a range of resources including guidance, support, advice, networking and promotional opportunities, as well as facilities for hearings, meetings and other events. It is a not-for-profit UK-registered charity.

ARBITRATING DISPUTES WITH FOREIGN SOVEREIGNS AND SOVEREIGN-OWNED ENTITIES 2018 CONFERENCE

C O N F E R E N C E C O M M I T T E E

Elizabeth B. Sandza Wilson ElserConference Co-Chair

José Antonio RivasArnold & Porter Program Chair

Charles T. Kotuby Jr. Jones DayConference Co-Chair

Joseph A. McManus Jr. McManus & FelsenSponsorship Chair


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P R E C O N F E R E N C E E V E N T S | M o n d a y , A p r i l 2 , 2 0 1 8

6:00 p.m. – 8:00 p.m. Welcome Reception Georgetown University Law School 600 New Jersey Avenue, NW | Washington, DC

Q&A Session

CareerTransitionsintheFieldofInternationalArbitration Our panelists will discuss how to get started building a law firm practice as an international arbitration advocate and then how to transition from being an advocate to acting as an independent arbitrator. Whether you are a law student or young associate just branching out in the field of international arbitration − or a senior partner with an established arbitration practice – this Q&A session will offer practical guidance and valuable insights on such career transitions.

Moderator Robert B. Wallace | Wilson Elser

Panelists Simon V. Potter | McCarthy Tetrault Maria I. Pradilla Picas | Jones Day

Sponsored by:

Arbitrating Disputes with Foreign Sovereigns and Sovereign-Owned Entities

T u e s d a y , A p r i l 3 , 2 0 1 8 | J o n e s D a y L a w O f f i c e 3 0 0 N e w J e r s e y A v e n u e , N W | W a s h i n g t o n , D C


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C O N F E R E N C E P R O G R A M | Tu e s d a y , A p r i l 3 , 2 0 1 8

8:30 a.m. – 9:15 a.m. Continental Breakfast & Registration Jones Day Conference Center 7th Floor

9:15 a.m. – 9:30 a.m. Welcome

Elizabeth B. Sandza Partner | Wilson Elser

9:30 a.m. – 10:00 a.m. Opening Remarks The Honourable Joe Hockey Australian Ambassador to the United States

Arbitrations in the Pacific Rim Region and the Importance of Selecting a Reliable Seat for the Arbitration

10:00 a.m. – 11:00 a.m. Panel Discussion Practical Strategies for Claimants and States in Investment Arbitration on Preliminary and Jurisdictional Objections

Counsel’s approach to investment arbitration varies depending on whether their representation is on behalf of an investor or a sovereign state. Considering the viewpoint of claimant and respondent, this panel will discuss the preliminary objections available to respondent states at early stages of the proceedings, and the means to counter those objections. They also will address the objections that may be available to seek dismissal of an investment case for lack of jurisdiction, including those related to investments made in breach of general principles of law through fraud and corruption.

Moderator José Antonio Rivas | Arnold & Porter

Panelists Mallory B. Silberman | Arnold & Porter Lee M. Caplan | Arent Fox Jennifer Haworth McCandless | Sidley Austin


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11:00 a.m. – 11:15 a.m. Coffee Break & Networking

11:15 a.m. – 12:15 p.m. Panel Discussion Practical Strategies in the Arbitration of International Disputes involving State-Owned Entities

Sovereignty is ubiquitous in modern global business, especially in emerging markets. From extractive industries to infrastructure, state-owned entities account for a significant amount of foreign investment flows, and as a result, a significant amount of transnational disputes. But holding those entities accountable − or defending those entities − raises a host of novel legal issues under domestic and international law. These novelties require complex and proactive strategies for counsel and arbitrators alike. This panel will discuss these strategies from the perspectives of state and private parties.

Moderator Ian A. Laird | Crowell & Moring

Panelists Melissa Stear Gorsline | Jones Day Robert K. Kry | MoloLamken Alexandra (Xander) A.K. Meise | Mitchell Silberberg & Knupp

Sponsored by:

12:30 p.m. – 1:45 p.m. Lunch & Keynote Address

Mark A. Cymrot Partner | BakerHostetler

Author of Squeezing Silver

Know Your Audience: Key Elements of Arbitration Advocacy

Sponsored by:


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1:45 p.m. – 2:45 p.m. Panel Discussion Arbitration, Mediation and Litigation of Disputes, Including Complex

Construction Disputes, with U.S. Federal, State and Local Entities

Unlike contract disputes with foreign governments, pursuant to the U.S. Contract Dispute Act of 1978 contract disputes with the United States federal government must be determined by an applicable Board of Contract Appeals or the U.S. Court of Federal Claims. By regulation, alternative dispute resolution is encouraged but the parties must agree to submit their dispute to ADR. In U.S. state and local governments, arbitration often is allowed if the governments consent to an arbitration remedy in their contracts. As may be permitted by applicable local law, in Public Private Partnerships and other large civil construction projects where the government is a participant, arbitration may be required by contract or the parties may agree to submit a dispute to ADR. Government subsidiaries or entities may be operating under different constraints. This panel will discuss the myriad options and issues.

Moderator Donald G. Gavin | Independent Neutral

Panelists Judge Allan H. Goodman | U.S. Civilian Board of Contract Appeals Joseph A. McManus Jr. | McManus & Felsen Lawrence M. Prosen | Kilpatrick Townsend & Stockton

Sponsored by:

2:45 p.m. – 3:00 p.m. Coffee Break & Networking

3:00 p.m. – 4:00 p.m. Panel Discussion Practical Tips in Recognizing and Enforcing Arbitral Awards against Foreign Sovereign Entities

The culmination of arbitration is an enforceable award, and awards against state and state-owned entities carry special risk. The law in the United States is in considerable flux at the moment, with issues such as asset-based discovery, sovereign immunity and ex parte recognition working their way through the courts in recent years. This panel will discuss practical and proactive strategies that can be used to monetize an arbitral award against a sovereign entity.


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Moderator Charles T. Kotuby Jr. | Jones Day

Panelists Ret. Judge Ricardo Urbina Steven K. Davidson | Steptoe & Johnson Luke Sobota | Three Crowns Mark A. Cymrot | BakerHostetler

Sponsored by:

4:00 p.m. – 5:00 p.m. Panel Discussion Third-Party Funding in International Commercial and Investment Arbitration

As international commercial and investment arbitration keep growing, so does the demand by private parties and sovereign states to find creative and financially conservative means to fund their cases. Third-party funding − as an industry that may currently exceed billions of dollars − offers innovative ways to finance arbitrations for parties that might otherwise be unable to fund their own cases, or to ensure appropriate representation due to insufficient funding. While third-party funding influences the contours of international arbitration, as a legal concept such funding involves contentious issues. This panel will discuss the process that a third-party funder follows to decide on the financing of a case, the adequacy of disclosure that a case is being funded, the issue of conflicts of interest concerning third-party funding, and past and potential means available to sovereign states to fund their cases.

Moderator Timothy D. Scrantom | Scrantom Dulles

Panelists Yasmin Mohammad | Vannin Capital Edward G. “Teddy” Baldwin | Baker McKenzie Mark N. Bravin | Mitchell Silberberg & Knupp Clara Brillembourg | Foley Hoag Sponsored by:


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6:00 p.m. Closing Dinner Bistro Bis Located in Kimpton George Hotel 15 E Street, NW | Washington, DC

R E G I S T E R

This conference is offered free to members of CIArb; registration is required.

Standard Registration Fee : $250 (for non-CIArb members)

MCLE credit will be available.

A C C O M M O D A T I O N S

A block of rooms has been reserved for April 2 and April 3 at the Kimpton George Hotel at a special rate of $259 per night, plus tax. A hosted wine hour is included each evening.

Please click the link below to make your room reservations.

Kimpton George Hotel 15 E Street, NW | Washington, DC Reservations 800.576.8331 www.hotelgeorge.com

http://www.hotelgeorge.com


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C O N F E R E N C E S P O N S O R S

C O O P E R A T I N G E N T I T I E S


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C O N F E R E N C E C O M M I T T E E

Elizabeth B. Sandza is Commercial Litigation Chair at U.S. law firm Wilson Elser. She has extensive experience representing corporate clients in government investigations and in complex business litigation. Ms. Sandza appears regularly in state and federal trial courts and in international arbitral tribunals either as counsel or as arbitrator. She has tried commercial arbitrations before the London Court of International Arbitration, the American Arbitration Association, ARIAS and the National Construction Council of Tanzania. She has represented reinsurers and cedents in reinsurance arbitrations on issues of loss allocation, treaty

interpretation and proper claims handling.

Ms. Sandza graduated with a B.A. degree, magna cum laude, from the University of Minnesota; a J.D. degree from Temple University James E. Beasley School of Law; and an M.S. degree from Northwestern University. Admitted to practice law in California, Delaware, D.C. and Maryland, Ms. Sandza has been named a Super Lawyer and a Washington, DC Top Lawyer, and for 18 years has been rated AV® Preeminent™ by Martindale-Hubble. She is a CIArb Fellow and Chair of the Washington, DC CIArb Chapter.

Ms. Sandza may be reached at [email protected].

Charles T. Kotuby Jr. is an international law counsel who represents multinational corporations, sovereign states and state-owned entities in complex international disputes, arbitrations and litigations. His practice at Jones Day is focused on investment arbitration and litigation involving foreign sovereigns and on novel issues of public and private international law. Mr. Kotuby has appeared as counsel in international matters before the U.S. Supreme Court, the Court of Justice of the European Union, International Centre for Settlement of Investment Disputes and United Nations Commission on International Trade Law tribunals. He

is a Fellow of the Chartered Institute of Arbitrators and sits on the arbitrator panels of institutions worldwide. Mr. Kotuby is a frequent speaker and author on matters of international law and arbitration. He is an Adjunct Professor of Law at American University’s Washington College of Law and Washington & Lee University School of Law.

Mr. Kotuby holds a B.A. degree, cum laude, from the University of Pittsburgh; a J.D. degree, cum laude, from the University of Pittsburgh School of Law; and an LL.M. in International and European Union Law, first class honours, from Durham University in England.

Mr. Kotuby may be reached at [email protected].

José Antonio Rivas focuses on dispute resolution and representation of sovereign States and private sector companies in international arbitration, litigation and public international law matters. He represents a sovereign State in a DR-CAFTA investment dispute and has represented clients from Latin America, North America, Asia and Europe in investment and commercial arbitrations under the Rules of ICSID, the ICC, and UNCITRAL. He has also advised sovereign States on investment treaties, and public international law matters concerning the law of the sea, and the protection of cultural heritage.

Dr. Rivas is a former ICSID counsel, and an experienced negotiator as a result of his services as chair of investment treaty negotiations for Colombia with 15 countries. Currently, he serves as adjunct professor of Investment Treaty Arbitration and Public International Law at Georgetown University Law Center, from which he graduated as an SJD. He is a CIArb Fellow, an arbitrator under the Rules of Arbitration of the Chamber of Commerce of Bogota, and a member of the Panels of Arbitrators of the AAA/ICDR and the Inter-American Commercial Arbitration. He has published over 18 publications on investment treaty arbitration, public international and international trade law, and frequently speaks at industry conferences on investment dispute prevention and arbitration.

Mr. Rivas may be reached at [email protected].


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Joseph A. McManus Jr. is managing partner at McManus & Felsen. He is a member of the Large Complex Case Panel of Arbitrators, a mediator (American Arbitration Association) and a member of the Chartered Institute of Arbitrators (CIArb). He served as consolidation arbitrator on Las Vegas casino arbitrations and as an emergency arbitrator on the 755 MW combined cycle power plant, and frequently serves as arbitrator of construction and commercial disputes. In 2017, Mr. McManus was chosen by the Supreme Court of the Bahamas to be sole arbitrator on a resort development dispute. He also serves as advocate in international

arbitrations, including the Bahamas Airport Arbitration, USAID Afghanistan road construction, and disputes with the U.S. Department of State on embassies in Mongolia and Indonesia.

Mr. McManus is past president of the American College of Construction Lawyers, a fellow at the Duke University Private Adjudication Centre, a frequent lecturer at the University of Virginia, and a prolific author on construction and government contract issues. Mr. McManus is a former chair of the Procurement Reform Taskforce, District of Columbia Council. He graduated with a B.A. degree from the College of the Holy Cross and a J.D. degree from Duke University Law School, and served as law clerk to Chief of Justice Solibakke of the Armed Services Board of Contract Appeals while on active duty with the United States Air Force, JAG Corps, from 1972−1976.

Mr. McManus can be reached at [email protected].

S P E A K E R S , M O D E R A T O R S & P A N E L I S T S

Edward G. “Teddy” Baldwin is a partner with Baker McKenzie in Washington, DC who regularly represents multinational clients in international arbitration proceedings and in matters before U.S. federal and state courts. He has extensive experience in investor-state arbitrations before the International Centre for Settlement of Investment Disputes and ad hoc tribunals, commercial arbitrations under various rules and institutions, and U.S. litigation. Mr. Baldwin advises and has worked with companies in China, Japan, South Korea, Mongolia, the Philippines, Indonesia, Brazil, Venezuela, Argentina, United Arab Emirates, Germany, France,

Czech Republic and South Africa. Mr. Baldwin has extensive experience in commercial arbitration under various rules and institutions, and has participated in U.S. litigation. 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.

Mr. Baldwin received his J.D. degree from George Washington University Law School and his B.A. degree in American Studies from Eckerd College.

Mr. Baldwin can be reached at [email protected]

Mark N. Bravin is a partner at Mitchell Silberberg & Knupp LLP. His practice focuses on international dispute resolution and international trade. Mr. Bravin represents private parties and sovereign governments in U.S. courts and before international arbitral tribunals in commercial and investment treaty disputes, including the International Centre for Settlement of Investment Disputes, ICC, ICDR and UNCITRAL arbitrations. Mr. Bravin regularly handles court litigation under the Foreign Sovereign Immunities Act, and arbitration-related litigation under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards.

Additionally, he provides advice to publicly traded and private U.S. and global enterprises on international regulatory compliance and enforcement matters involving customs, export controls and OFAC embargo/sanctions regulations.

Mr. Bravin received his J.D. degree from Harvard Law School, Harvard University, an M.P.P. degree from the John F. Kennedy School of Government, and his B.S. degree from the University of California, Los Angeles, summa cum laude.

Mr. Bravin can be reached at: [email protected].


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Clara Brillembourg is a partner in Foley Hoag LLP’s International Litigation and Arbitration practice, where she advises sovereign states in international disputes with other states and foreign investors and before U.S. courts. She represents sovereign states in arbitral proceedings concerning foreign investment disputes before, among other fora, the International Centre for the Settlement of Investment Disputes. Ms. Brillembourg represented Uruguay in an ICSID arbitration brought by Philip Morris challenging the state’s tobacco control regulations. She also has extensive experience representing sovereigns before the

International Court of Justice (ICJ) in disputes involving territorial rights, human rights and environmental harm, and counsels states in maritime delimitation cases before the ICJ, arbitral tribunals and the International Tribunal on the Law of the Sea. Ms. Brillembourg’s representation of foreign states also includes domestic litigation before U.S. federal courts, often involving the Foreign Sovereign Immunities Act (FSIA).

Ms. Brillembourg is the co-chair of the Meridian International Center’s Rising Leaders Council and a board member of the Harvard Kennedy School’s Carr Center for Human Rights Policy. She received her J.D. degree from Yale Law School and her B.A. degree from Harvard College.

Ms. Brillembourg can be reached at [email protected].

Lee M. Caplan is a partner in the Washington, DC offices of Arent Fox, LLC in the firm’s International Arbitration and Dispute Resolution practice group. He counsels private and sovereign clients in a wide range of matters involving international dispute resolution, public international law, and international investment law and policy. Mr. Caplan regularly appears before international tribunals in connection with complex and high-value disputes arising out of concession agreements, investment treaties and other international agreements. His experience spans a range of industries from oil & gas to telecommunications.

Mr. Caplan holds a J.D. degree from the University of California, Berkeley – School of Law, a M.A. degree in Law and Diplomacy (MALD) from Tufts University – The Fletcher School of Law and Diplomacy, and a B.S. degree from Vanderbilt University. He is the co-author of a leading treatise on international arbitration: The UNCITRAL Arbitration Rules − A Commentary (Second Edition) by David D. Caron and Lee M. Caplan, 33 Berkeley J. Int’l Law (2015).

Mr. Caplan can be reached at [email protected].

Mark A. Cymrot, a first-chair attorney at BakerHostetler, one of the nation’s largest law firms, handles complex international and commercial arbitration and litigation and is a member of esteemed international arbitration panels. He is an adviser at the American Law Institute for Restatement Fourth of The Foreign Relations Law and a member of the Advisory Board to the President, CPR International Institute for Conflict Prevention and Resolution. Mr. Cymrot has published articles on litigation and arbitration issues, such as “Going First Makes a Difference: Decision-Making Dynamics in Arbitration” (Transnational Disputes Management,

October 2014), “Cross-Examination in International Arbitration” (Disputes Resolution Journal, 2007), “Barricades at the IMF: Creating a Municipal Bankruptcy Code for Foreign States” (The International Lawyer, 2002), “Reforming the Sovereign Immunities Act” (Working Group of the American Bar Association, 2002) and “Squeezing Silver” (Journal of ABA Litigation Section, 1991). Mr. Cymrot leads BakerHostetler’s International Arbitration and Litigation practice. He was special litigation counsel in the Civil Division of the Justice Department and is ranked in Chambers Global and The Best Lawyers in America (International Arbitration, Commercial and Governmental).

Mr. Cymrot received his B.A. degree from The George Washington University and his J.D. degree from Columbia University School of Law.

Mr. Cymrot can be reached at [email protected].


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Steven K. Davidson is a partner in the Washington office of Steptoe & Johnson LLP, and chair of the International Arbitration Group. For more than 30 years, he has represented top Fortune 500 corporations in litigation and arbitrations throughout the United States and abroad, often involving foreign sovereigns and issues of sovereign immunity. Mr. Davidson also serves as an arbitrator in prominent international arbitrations and as an expert witness in attorney fee disputes. He is a leader in worldwide enforcement of court judgments and arbitral awards, including provisional and prejudgment remedies.

Mr. Davidson successfully led a team in a case concerning fraudulent conduct in connection with a $2 billion loan. The team obtained a worldwide freezing order, froze and liquidated assets worldwide, obtained a fully contested fraud judgment for $2.13 billion and a punitive damages judgment for $1 billion in federal court in New York City, and obtained an ICC arbitration award for $2 billion. These judgments were enforced by the Steptoe team in venues throughout the world, including the United States, England, France, Switzerland, Germany, Israel, Bermuda, and Guernsey.

Mr. Davidson received a J.D. degree from Northwestern University School of Law and M.A. and B.A. degrees from Boston University.

Mr. Davidson can be reached at [email protected].

Donald G. Gavin serves on arbitration tribunals and panels for the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Disputes Resolution and the American Arbitration Association, in addition to ad hoc proceedings. He was the senior contract and construction partner at the large national law firm Akerman LLP and a named partner in Wickwire Gavin PC, a large construction boutique law firm. Mr. Gavin has been on arbitration tribunals and panels determining substantial energy-related disputes and has handled commercial contract disputes. He is frequently called upon to help resolve disputes

between prime contractors and subcontractors, suppliers and joint venture partners on public and private work. He is recognized for his many publications contributing to the literature of public and construction contracting.

Mr. Gavin holds a B.S. degree in Economics from the Wharton School, a J.D. degree from the Law School of the University of Pennsylvania, and a LL.M. degree in Public Procurement Law from the National Law School of George Washington University.

Mr. Gavin may be reached at [email protected].

Allan H. Goodman is a Judge on the United States Civilian Board of Contract Appeals (CBCA). From January 1993 through December 2006 he was a Judge on the General Services Administration Board of Contract Appeals (GSBCA). From 1975 through 1992 he was an attorney in private practice.

Judge Goodman is a graduate of Georgetown University (B.S.F.S. cum laude, 1972) and the University of Toledo College of Law (J.D. 1974). He is a member of the Bars of Virginia, the District of Columbia, and Maryland.


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Melissa Stear Gorsline, a partner at international law firm Jones Day, played an integral role in some of the first international investment arbitrations brought pursuant to Chapter Eleven of NAFTA and has since handled numerous treaty-based investment arbitrations, including those setting important legal precedents on the rules of treaty succession and the scope of the “illegality” or “corruption” objection to jurisdiction. She has significant experience representing corporate clients in claims for denial of justice, denial of fair and equitable treatment, nationalistic discrimination, expropriation and umbrella clause violations. Ms.

Gorsline also has broad experience in complex international commercial litigation and arbitration, generally arising from alleged breach of contract. She has experience arbitrating such matters pursuant to various arbitration rules and in litigating them in U.S. federal and state courts.

Ms. Gorsline is the current vice chair and past chair of the Virginia State Bar International Practice Section’s Board of Governors and an adjunct professor of International Arbitration at the University of Maryland Carey School of Law. She holds a J.D. degree with highest honors from the George Washington University Law School and a B.A. degree, cum laude, from Duke University.

Ms. Gorsline can be reached at [email protected].

The Honourable Joe Hockey is Australia’s Ambassador to the United States of America, taking his post in Washington in January 2016. Mr. Hockey first entered Parliament in 1996 as the Member for North Sydney and spent more than 17 years on the front bench. He served as a Minister in a number of portfolios, including Financial Services, Small Business and Tourism, Human Services and Employment and Workplace Relations. In 2013 Mr. Hockey was appointed Treasurer of the Commonwealth, responsible for all economic policy including fiscal policy. He served as Chair of the G20 Finance Ministers and Central Bank Governors in

2014 and a member of the leadership troika in 2015. As Treasurer he was a regular delegate to IMF, World Bank, Asian Development Bank and APEC meetings.

Previously, Mr. Hockey served as a banking and finance lawyer with a major Australian law firm. He graduated from the University of Sydney with bachelors’ degrees in Arts and Law.

Robert K. Kry is a partner in the Washington, DC office of the law firm MoloLamken LLP, whose practice focuses on trial and appellate litigation. Mr. Kry represents clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. He has authored approximately 20 Supreme Court briefs and has argued numerous matters in trial and appellate courts. Mr. Kry’s practice covers a broad array of subjects, including constitutional law, sovereign immunity, arbitrations, enforcement of arbitral awards, business litigation, securities fraud, criminal law and intellectual property.

Before joining MoloLamken, Mr. Kry was an associate with Baker Botts LLP, and before that served as a law clerk to Justice Antonin Scalia of the United States Supreme Court and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Mr. Kry holds a J.D. degree from Yale Law School and a Bachelor of Commerce degree from Queen’s University, Canada.

Mr. Kry can be reached at [email protected].


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Ian A. Laird is a partner and co-chair of the International Dispute Resolution Group at Crowell & Moring LLP, and a D.C.-licensed Special Legal Consultant based in the firm’s Washington, D.C. office. He represents clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. For more than 15 years, he has counseled parties in investment arbitrations under the provisions of international investment agreements. A long-time Washingtonian representing Fortune 500 clients, Mr. Laird advises corporations on geopolitical concerns with overseas investments,

primarily in the energy and natural resources sector. He worked on the earliest NAFTA investor-state arbitrations involving each of the three NAFTA state parties, and recently handled high-profile gold and uranium mining arbitrations. Mr. Laird is counsel on investment treaty arbitrations and disputes in the Dominican Republic, El Salvador, Lithuania, Kazakhstan, Mongolia and Turkey.

Mr. Laird is an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He serves as co-director of the International Investment Law Center (International Law Institute) and is co-founder, Editorial Advisory Board chair and former editor in chief of InvestmentClaims.com (Oxford University Press), a leading resource for investment arbitration. He received his B.A. degree from McGill University; his LL.B. degree from the University of Windsor, Canada; and his LL.M. degree from the University of Cambridge, U.K. (St. Edmund’s College).

Mr. Laird can be reached at [email protected].

Jennifer Haworth McCandless is a partner at Sidley Austin LLP. She serves as counsel in complex international arbitration cases, with a focus on investment treaty arbitration and has advised and represented private and sovereign clients in proceedings before the International Centre for Settlement of Investment Disputes and its Additional Facility, in other arbitral institutions and in ad hoc arbitration. She also has advised and represented private parties and governments in World Trade Organization disputes and counseled clients on investment rules for their global operations. Among other recognitions, she is named one of the Top 250 Women

in Litigation by Benchmark. Ms. McCandless has spoken at seminars and workshops sponsored by American University’s Washington College of Law, the U.S. Council for International Business’s Young Arbitrators Forum, and the International Law Section of the D.C. Bar. She was a member of the Investment Subcommittee of the U.S. State Department’s Advisory Committee on International Economic Policy Regarding the U.S. Model Bilateral Investment Treaty in 2009 and Regarding the Implementation of the OECD Guidelines for Multinational Enterprises in 2010.

Ms. McCandless earned her M.A. degree in Law and Diplomacy at Tufts University, her J.D. degree at the University of California, Hastings College of the Law, a M.Ed. degree from Harvard University, and a B.A. degree from Whitman College.

Ms. McCandless can be reached at [email protected].

Alexandra (Xander) A.K. Meise is a partner with Mitchell Silberberg & Knupp who represents and advises sovereign governments, state-owned enterprises, and private entities in the prevention and resolution of international private and public law disputes. She has represented parties before U.S. federal courts, the International Court of Justice, and international investment and commercial arbitration panels, and in negotiations between sovereign states and with international organizations, NGOs and private entities. In addition, Ms. Meise has advised governments and multinational corporations on adherence to

international human rights norms and social responsibility standards, and counseled them on investment and sustainable development-related legal reforms.

An experienced educator, Ms. Meise has provided training on a host of subjects. She has experience working on five continents, including service to an international political development organization, the U.S. State Department, and international criminal tribunals. She teaches International Human Rights Law at Georgetown University Law Center, is a Fellow of the Columbia Center on Sustainable Investment, and Political Partner of the Truman National Security Project. Ms. Meise earned her J.D. degree at Georgetown University Law Center; an M.P.A. degree at Columbia University School of International and Public Affairs; and her B.A. degree at Dartmouth College. She attended Middlebury College Arabic School and was awarded a Fulbright Fellowship at the National Academy of Art, University of Tiranë, Albania.

Ms. Meise can be reached at [email protected].


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Yasmin Mohammed is Managing Director of Vannin Capital, which provides legal finance to law firms around the world. She is a Franco-Iranian lawyer admitted to the New York bar who specializes in public international law, private international law and international arbitration. She has regularly opined on questions regarding conflict of laws, conflict of jurisdiction and sovereign immunity issues. Ms. Mohammed has acted as counsel under various rules including ICC, LCIA, UNCITRAL, ICSID and CEPANI across numerous jurisdictions. She has particular expertise in disputes involving telecommunications, food and beverages,

and oil and gas industries based in Europe, China and the Middle East.

Ms. Mohammed advised private and institutional or sovereign clients in Paris and Dubai within the international law firm Freshfields Bruckhaus Deringer in the context of international arbitration proceedings. She is a regular speaker at industry conferences and contributes to employment publications and journals. Ms. Mohammed is a graduate of Paris I University Sorbonne (Master 1 of international law and Master 2 of private international law) and of NYU Law School (LL.M. International Legal Studies).

Ms. Mohammed can be reached at [email protected].

Lawrence M. Prosen is a government contracts attorney at Kilpatrick Townsend & Stockton LLP who holds a degree in architecture and has specialized in construction litigation. His national and international experience includes providing advice and representation in connection with construction and infrastructure projects on six continents and in nearly 20 countries for clients in the infrastructure, environmental, office, commercial, process and manufacturing, energy production/transmission and real estate sectors. He also has represented clients throughout the United States in federal, local and commercial

construction in addition to government contracts matters. He represents clients before virtually all federal agencies.

Mr. Prosen also counsels contractors on Small Business Administration matters ranging from 8(a) formation and status protests to the Mentor-Protégé Program and the Service-Disabled Veteran-Owned (SDVO) and HUBZone small business programs. Mr. Prosen sits as an arbitration neutral and mediator on the American Arbitration Association’s (AAA’s) Construction Industry Panel of Neutrals and is the American Bar Association Section on Litigation’s representative to the AAA’s National Construction Dispute Resolution Counsel. He holds a J.D. degree from Catholic University of America Columbus School of Law and a B.S. degree in Architecture and B.A. degree in History from the University of Maryland.

Mr. Prosen may be reached at [email protected].

Timothy D. Scrantom is Managing Director of Scrantom Dulles, an investment advisory firm focusing on commercial claim investments worldwide. For more than 30 years he has specialized in the area of litigation finance. Mr. Scrantom conceived and launched Juridica Investments Limited in 2007, the first publicly listed (London Stock Exchange AIM) commercial claim investment company investing in North America and the first to be listed on a western stock exchange. In 2012 he formed SDIA, an investment bank providing financial services and/or capital to law firms, asset managers and claimholders in the litigation finance space. Prior

to Juridica, Mr. Scrantom was in private practice as a lawyer and an English barrister (member of Gray’s Inn). He successfully settled high-profile cases, including the business claims arising out of the bombing of Pan Am 103 by Libya, claims relating to NATO bombings in the former Yugoslavia and U.S. claims against state sponsors of terrorism.

Mr. Scrantom received his LL.M. degree in International Business Law at the London School of Economics; his J.D. degree, cum laude, from the University of Georgia School of Law; and his B. A. degree from Stetson University. He also attended The Hague Academy of International Law (Netherlands) and the Free University in Brussels.

Mr. Scrantom can be reached at [email protected].


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Mallory B. Silberman is a partner at Arnold & Porter whose practice focuses on dispute resolution between sovereign states and foreign investors. Ms. Silberman has served as counsel in more than 30 investment treaty arbitrations, including more than 20 at the International Centre for Settlement of Investment Disputes. Among her past and present clients are the governments of Chile, Costa Rica, the Czech Republic, the Dominican Republic, Guatemala, Hungary, the Kyrgyz Republic, Panama, the Philippines, the Slovak Republic and South Korea. In 2017, Ms. Silberman was named one of the top 100 female attorneys working

on matters involving Latin America by Latinvex, and a “Future Leader” in international arbitration by Who’s Who Legal.

In addition, Ms. Silberman is an adjunct professor at the Georgetown University Law Center where she has taught a substantive and oral advocacy course on international arbitration since 2012. She frequently speaks at industry conferences, and is a recurring guest lecturer for an intensive arbitration course held annually at American University Washington College of Law. She speaks Spanish and Italian, and reads basic French and Portuguese. Ms. Silberman received her J.D. degree from the University of North Carolina School of Law with honors and her B.A. degree from Syracuse University, magna cum laude.

Ms. Silberman can be reached at: [email protected].

Luke Sobota of Three Crowns LLP is active in investor-state, interstate and commercial arbitrations, including investor-state arbitrations that involve claims of expropriation, fair and equitable treatment, and denial of justice. He currently advises two sovereign clients on issues of public international law relating to treaty and water issues. Mr. Sobota’s commercial work spans the energy, financial and technology sectors and includes spearheading one of the largest ICC cases ever litigated. He also has substantial experience in cases governed by civil law.

Prior to co-founding Three Crowns, Mr. Sobota was a partner in the global disputes practice of a leading international law firm, and worked in the Office of Legal Counsel at the U.S. Department of Justice, where he advised and prepared formal legal opinions on a range of constitutional, international and administrative law issues. Mr. Sobota teaches a course on global sovereign disputes at American University and his monograph “General Principles of Law and International Due Process” was recently published by Oxford University Press. He earned his J.D. degree from the University of Chicago Law School, and clerked for the late Chief Justice of the U.S. Supreme Court, William H. Rehnquist.

Mr. Sobota can be reached at [email protected].

Ricardo M. Urbina served as a judge on the U.S. District Court for the District of Columbia from 1994 to 2012, where he handled the high-profile prosecutions of five Blackwater security guards charged with manslaughter for shootings in Baghdad, Iraq, in 2007; the Justice Department’s handling of detainees at Guantanamo Bay; and Heller v. the District of Columbia, which eventually resulted in the U.S. Supreme Court striking down Washington, DC’s gun control law. Prior to his 31 years as a federal and local judge, Judge Urbina practiced law, first as a public defender in Washington, D.C. and then in private practice, focusing on commercial,

tort and criminal litigation. Since his retirement from the bench, Judge Urbina has become a private dispute resolution neutral with Vannin Capital’s Funding Committee, where he helps the third-party funder evaluate cases. Throughout his career, Judge Urbina was a highly sought professor, teaching courses on trial advocacy and criminal law at a number of well-respected law schools.

Judge Urbina was awarded a Lifetime Achievement Award from the Mexican American Legal Defense and Educational Fund and a Lifetime Leadership Award from the Hispanic National Bar Foundation. The University of Virginia Law School awarded Judge Urbina the Honorable William J. Brennan, Jr. Award for outstanding service to the Trial Advocacy Institute and to the legal profession. In 2006, The Washington, D.C., Bar Association awarded Judge Urbina a Certificate of Appreciation for Outstanding Service to the Bar and Bench.


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W I T H G R E A T A P P R E C I A T I O N

A special thank you to our sponsors, cooperating entities, speakers, moderators and panelists for helping to make this event possible.

Tu e s d a y, A p r i l 3 , 2 0 1 8 | J o n e s D a y L a w O f f i c e 5 1 L o u i s i a n a A v e n u e , N W | W a s h i n g t o n , D C

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Documents

North 2018 CIArb CONFERENCE America Branch Tuesday, April ... · jurisdictional objections for claimants, states and state-owned entities to use in investment arbitrations How arbitration