This panel will examine the theme of harmony and dissonance through the prism of recent trends in international investment law. Among the topics discussed will be recent developments relating to the independence/impartiality of arbitrators, provisional measures in the ICJ and investment treaty arbitration, recent annulment decisions, the transition of competence on foreign investment from the Member States to the European Union, and the relationship between the US Model BIT and international standards.
Moderator: NASSIB ZIADE International Centre for Settlement of Investment Disputes
Speakers: RUDOLF DOLZER Institute for International Law, at the University of Bonn, Germany
DONALD FRANCIS DONOVAN Debevoise & Plimpton LLP
CAROLYN LAMM White & Case LLP
LORETTA MALINTOPPI Eversheads LLP
International law, and the world in which it operates, are increasingly both harmonious and dissonant. The Society’s Annual Meeting in 2011 will focus on the evolution of international law in the context of this paradox.
The paradox of simultaneous segmentation and seamlessness raises important questions. Most broadly, when should international law be segmented, and when should it be seamless? What are the mechanisms for deciding this question, and what are the values that inform those decisions? What do these trends say about international law as a coherent system? To what extent are certain groups and their viewpoints excluded or ignored? What does this say about who the influential players within the international legal system are, and how that influence is exercised? What does the existence of competing conceptions of international law itself mean for ASIL's constituents, including judges deciding international issues, practitioners seeking to persuade courts and craft international policy, and scholars seeking to understand and propose solutions to global problems?
Society members are uniquely positioned to tackle these questions with their diverse perspectives, experiences, and areas of expertise, and their unifying commitment to investigating the limits and possibilities of international law. We look forward to an exciting and dynamic meeting that will examine such trends, and their implications for international law and legal institutions in the 21st century.
Rudolf Dolzer is a Professor and Director of the Institute for International Law at the University of Bonn, Germany.
Donald Francis Donovan
Donald Francis Donovan, the current President-Elect of ASIL, is a partner in the New York office of Debevoise & Plimpton. He has argued international law in a broad range of international and domestic fora, including the International Court of Justice and the US Supreme Court. He regularly appears as both counsel and arbitrator in proceedings initiated under the auspices of the world's leading arbitral institutions and litigates international disputes in U.S. courts. For his achievements in both international arbitration and international human rights, he was awarded the Premio Nacional de Jurisprudencia by the Mexican Bar Association, the first non-Mexican so honored, and was inducted as a member of the Orden Mexicana del Águila Azteca, the highest award given by the Government of Mexico to non-Mexicans.
Mr. Donovan currently serves on the Advisory Committee for the Restatement of the U.S. Law of International Commercial Arbitration of the American Law Institute, as a Member of the International Council for Commercial Arbitration (ICCA), having recently completed two terms as its Vice-President, and as a member of the Board of Directors of Human Rights First and Chair of its Litigation Committee. He formerly served as Chair of the Institute for Transnational Arbitration. He teaches international commercial and treaty arbitration at New York University School of Law.
Mr. Donovan served as law clerk to Associate Justice Harry A. Blackmun of the US Supreme Court and legal assistant to Judge Howard M. Holtzmann of the Iran-United States Claims Tribunal. He received his B.A. in 1977 from the University of Virginia and his J.D. in 1981 from Stanford Law School.
Carolyn Lamm is a partner at White & Case LLP.
Loretta Malintoppi is a partner at Eversheads LLP.
Nassib Ziade is the Deputy Secretary-General of the International Centre for Settlement of Investment Disputes.
Carolyn Lamm points to a disturbing trend in investment arbitration where half of all awards have been annulled in recent years. "There seems to be a trend among the ad hoc committees to really exercising an appellate function," says Lamm.