Events
Event

The Clash of Sanctions and International Investment Agreements: Jurisdiction, Merits and Post-Award Issues

  • Location

    Weicker Building

    4 rue Alphonse Weicker

    2721, Luxembourg, Luxembourg

  • Topic(s)
    Law
  • Type(s)
    Conferences, Free of charge, In-person event

The Department of Law and the Luxembourg Arbitration Association in collaboration with the Luxembourg Chapter CEIA is delighted to invite you to their conference kindly sponsored by Bonn Steichen & Partners and ACQUIS Law.

Abstract

In recent months, several investment treaty claims have been notified, and a few have already been initiated, based on measures taken in response to sanctions. These disputes concern both Western sanctions against entities allegedly connected to the Russian government, and various retaliation measures taken by the Russian government against entities from so-called “unfriendly jurisdictions”. One of these claims was brought by Fridman against Luxembourg (the first against the State) under the BLUE-Russia BIT. Given the broad scope and nature of sanctions, more claims will likely follow. Against this background, speakers will discuss different issues that can arise in the jurisdiction, merits and setting aside/enforcement phases of investment disputes triggered by sanctions, including denial of benefits clauses, the role of the police powers doctrine, essential security interests provisions and the law countermeasures as defenses against sanctions, calculation of damages, the arbitrability of claims connected to sanctions and the attachment of assets against sanctioned States.

Language

English.

This is a free event. Registration is mandatory.

Programme

  • 09.45 – 10.15

    Welcome and Registration

  • 10.15 – 10.30

    Opening remarks

  • 10.30 – 11.00

    Keynote: 鈥淪anctions and Investors鈥 Rights under Investment Treaties: What Role for Investment Tribunals?鈥

    Prof. Giorgio Sacerdoti (Bocconi 8xav福利导航)

  • 11.00 – 12.30

    Jurisdiction

    Moderator: Dr. Johannes Fahner (L茅vy Kaufmann-Kohler)

    Speakers:

    • Arianna Rosato (GBS Disputes)
    • Anne Hoffmann (Independent Arbitrator)
    • Dr. Paschalis Paschalidis (Arendt)
    • Dr. Javier Garc铆a Olmedo (8xav福利导航 of Luxembourg/BSP)

  • 12.30 – 13.30

    Lunch break

  • 13.30 – 15.45

    Merits

    Moderator: Ziva Filipic (ICC International Court of Arbitration)

    Speakers:

    • Dr. Ioana Knoll-Tudor (Addleshaw Goddard)
    • Giorgio Mandelli (King & Spalding)
    • Prof. Toni Marzal (Glasgow 8xav福利导航)
    • Dr. R茅my Gerbay (Hughes Hubbard)
    • Alvaro Nistal (Arnorld & Porter)

  • 15.45 – 16.00

    Coffee break

  • 16.00 – 17.30

    Post Award

    Moderator: Prof. Andr茅 Pr眉m (8xav福利导航 of Luxembourg)

    Speakers:

    • Fabio Trevisan (BSP)
    • Dr. Michael de Boeck (ACQUIS Law)
    • Laura Fadlallah (Bredin Prat)
    • Mirjam van de Hel-Koedoot (NautaDutilh)

  • 17.30 – 18.00

    Concluding Remarks

    • Jana Lamas (DEME Group)
    • Dr. G眉ne艧 脺n眉var (Luxembourg Center for European Law)
    • Jose 脕ngel S谩nchez (Cuatrecasas/CEIA-40)
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