IBA Arb40 Symposium – new horizons in international arbitration

15 Sep 2024

Palacio de la Canal 11, Centro Citibanamex

Session information

Session two: Shaping the future of international arbitration: evidence gathering and protection of foreign investments

Sunday 15 September (1415 - 1545)

Palacio de la Canal 11, Centro Citibanamex

Description

This Oxford Union-style panel will delve into two issues, with one panellist defending the motion and the other rebutting it. The first motion will be: ‘this house believes that international arbitral tribunals should rely more frequently on tribunal-appointed experts’ evidence’. While in some jurisdictions it is common practice for courts and arbitral tribunals to heavily rely on tribunal-appointed experts, in international arbitration this is rarely the case and the evidence gathering relating to complex technical and quantum issues is generally left to the parties and the party-appointed experts. During the motion the panellists will discuss the pros and cons of the two approaches. The second motion will be: ‘this house believes that foreign investors receive adequate protection from investor-state arbitration when investing in Latin America’. Many Latin American states have gone through important political and regulatory changes over the last few years. Moreover, the only states that have denounced the International Centre for Settlement of Investment Disputes (ICSID) Convention so far come from the region. During the motion, the panellists will discuss the level of protection that foreign investors can encounter in Latin America.

Session / Workshop Chair(s)

Julio Rivera Rios Debevoise & Plimpton LLP, New York, New York, USA

Speakers

Mariana Gomez-Vallin Von Wobeser & Sierra, Mexico City, Mexico
Sofía Klot Klot Arbitration, Montevideo, Uruguay
Eldy Quintanilla Roché King & Spalding, Miami, Florida, USA
Luis Miguel Velarde Saffer LALIVE, Geneva, Switzerland