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H OT T OPICS IN I NVESTOR -S TATE A RBITRATION : I NVESTOR -S TATE A RBITRATION AT A C ROSSROADS Program Chair: Marney Cheek, Covington & Burling LLP Participants:

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Presentation on theme: "H OT T OPICS IN I NVESTOR -S TATE A RBITRATION : I NVESTOR -S TATE A RBITRATION AT A C ROSSROADS Program Chair: Marney Cheek, Covington & Burling LLP Participants:"— Presentation transcript:

1 H OT T OPICS IN I NVESTOR -S TATE A RBITRATION : I NVESTOR -S TATE A RBITRATION AT A C ROSSROADS Program Chair: Marney Cheek, Covington & Burling LLP Participants: Kate Brown de Vejar, Curtis Mallet-Prevost Colt & Mosle Dmitri Evseev, Arnold & Porter LLP Paulo Fohlin, Advokatfirman Odebjer Fohlin Noradèle Radjai, Lalive

2 Enforcement What are the main hurdles to enforcement of arbitral awards? Given past experience with judgments against Russia and CIS countries, what does the future hold? 2

3 Third-Party Funding What makes third-party funding attractive, and what concerns arise when third-party funders are involved? What disciplines are needed in this emerging field? 3

4 State Responsibility What challenges arise for the investor and the state when state-owned enterprises are involved in an investment? Should we adopt an expansive or narrow view of state responsibility, particularly with regard to state-owned enterprises? 4

5 Transparency With regard to investor-state arbitration, what type of transparency is needed? Have the new UNCITRAL rules on transparency struck the right balance? 5

6 H OT T OPICS IN I NVESTOR -S TATE A RBITRATION : I NVESTOR -S TATE A RBITRATION AT A C ROSSROADS Program Chair: Marney Cheek, Covington & Burling LLP Participants: Kate Brown de Vejar, Curtis Mallet-Prevost Colt & Mosle Dmitri Evseev, Arnold & Porter LLP Paulo Fohlin, Advokatfirman Odebjer Fohlin Noradèle Radjai, Lalive


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