The Columbia International Arbitration Association and the Vale Columbia Center on Sustainable International Investment:
Foreign Investors vs Host States: Shifting Trends in Investment Arbitration?
A debate between
Craig S. Miles, Partner, King & Spalding
and Miriam K. Harwood, Partner, Curtis, Mallet-Prevost, Colt & Mosle.
Moderated by Janet M. Whittaker, Consultant, World Bank’s International Centre for Settlement of Investment Disputes (ICSID)
Recent nationalizations and arbitral awards or annulment decisions suggest that we may be at a turning point in investor-state relations. The purpose of this panel discussion was to assess the impact and implications of this evolving situation. Panelists discussed investor and state positions and expectations with regards to these recent shifts and their potential impact on the future of investment arbitration. Are we moving toward a re-balancing of the international investment law regime?
Craig S. Miles is an attorney focusing on representing foreign investors in disputes with host governments, primarily before the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), and private parties in commercial disputes before the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and other domestic and international arbitral institutions. Among his recent cases are some of the largest ICSID BIT awards ever obtained by foreign investors, against the likes of the governments of Argentina and Egypt. He presently represents investors in disputes with the governments of Argentina, Bolivia, Ecuador, Egypt, Romania and Venezuela.
Miriam K. Harwood focuses on international commercial arbitration, particularly as counsel for foreign states, state-owned entities and governmental agencies. She has acted as counsel in arbitrations conducted in the United States and abroad, and has appeared in proceedings before the ICC International Court of Arbitration and the International Centre for Settlement of Investment Disputes (ICSID).
Janet M. Whittaker is a consultant at the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). Prior to that she worked at several English and American law firms including Simpson Thacher & Bartlett, Herbert Smith and Freshfields Bruckhaus Deringer. Janet is a Columbia Law School graduate.
A report on the panel discussion is available here.