Bilateral Arbitration Treaties: A better fit than BITs for dispute resolution?

Thursday, November 15, 2018

Continuing with our one-of-a-kind flagship Webinar series on Bilateral Investment Treaty / Investor-State Disputes, with experts such as Salim Moollan QC, Toby Landau QC and Michael Hwang, SC, we are thrilled to announce that we have arbitration expert Gary Born with us for an exclusive interview.

As of today, there is no uniform method of resolving international investment disputes and international commercial disputes. In the fourth episode of this series, we look forward to understanding the proposed model of a “Bilateral Arbitration Treaty” and the interplay between Bilateral Investment Treaties and Bilateral Arbitration Treaties. The discussions will help the participants draw insights into the potential challenges that may be faced by States as well as private parties in the adoption of Bilateral Arbitration Treaties and how these objections may be addressed.

Focus Area

  • What is a 'Bilateral Arbitration Treaty' and how would it promote international dispute resolution?
  • What is the interplay between Bilateral Investment Treaties and Bilateral Arbitration Treaties?
  • How do Bilateral Arbitration Treaties seek to address the shortfalls of the present international dispute resolution mechanisms?
  • What are the challenges to be overcome before States consider entering Bilateral Arbitration Treaties? Would Bilateral Arbitration Treaties be considered a deviation from the traditional notion of party autonomy in arbitration agreements?

About Our Guest

GARY BORN

Gary Born is the chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. He has participated as counsel in more than 650 international arbitrations, including four of the largest ICC arbitrations. Mr. Born is widely regarded as the world's preeminent authority on international commercial arbitration and international litigation. He has been ranked for the past 20 years as one of the world's leading international arbitration practitioners and the leading arbitration practitioner in London.

ON THE PANEL

VYAPAK DESAI

Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Vyapak Desai leads the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. Vyapak is also a Senior Attorney in the Corporate and Securities Practice group at the firm. Vyapak is a Co-chair- Council of MCIA and Director of CIArb India Branch. He is also listed on SIAC Panel of Arbitrators, LCIA Database of Arbitrators and BVI IAC Panel of Arbitrators.

KSHAMA LOYA MODANI

Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Kshama leads the International Investment Arbitration practice group at the firm. Currently based out of Mumbai, Kshama has worked in a range of sectors including energy, oil and gas, engineering, tourism, media and entertainment and IT. She has conducted several arbitrations with special focus on witness examination in arbitration and court proceedings.

Kshama completed her LL.M. in International Commercial Laws from King’s College London and holds a diploma on Negotiation from Harvard Law School. She also undertook specialized courses in International Investment Law in Switzerland.

BHAVANA SUNDER

Member, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Bhavana is a Member of the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. Based in Mumbai, Bhavana works in wide range of matters pertaining to litigation and arbitration. Registered with the Bar Council of Maharashtra and Goa, she is often featured in legal publications and other prominent forums promoting thought leadership.