Andrea Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal, Quebec, and Senior Fellow, Vale Columbia Center on Sustainable International Investment (VCC), New York She teaches courses in international arbitration and litigation, international trade, international investment, public international law, international business transactions, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law and is an adviser to the American Law Institute's project on restating the U.S. law of international commercial arbitration. She also serves as Director of Studies for the American Branch of the International Law Association. She is listed in the International Who's Who of Commercial Arbitration and is on the roster of panelists who hear NAFTA Chapter 19 proceedings.
Contributors:
Andrea K. Bjorklund, Editor
L. Yves Fortier Chair in International Arbitration and International Commercial Law,
McGill University Faculty of Law, Montreal
Senior Fellow, Vale Columbia Center on Sustainable International Investment (VCC), New York
Daniel Litwin, Managing Editor
Research Fellow, VCC
Advisory Board
José E. Alvarez, New York University School of Law, New York City
George A. Bermann, Columbia Law School, New York City
Rudolf Dolzer, University of Bonn
Ahmed S. El Kosheri, Kosheri, Rashed and Riad, Cairo
Emmanuel Gaillard, Shearman & Sterling LLP, Paris
Michael Hwang, SC, Barrister & Arbitrator, Singapore
Gabrielle Kaufmann-Kohler, University of Geneva Law School
Carolyn B. Lamm, White & Case LLP, Washington D.C.
Andreas F. Lowenfeld, New York University School of Law, New York City
Petros C. Mavroidis, Columbia Law School, New York City
Theodore H. Moran, Georgetown School of Foreign Service, Washington D.C.
Jan Paulsson, Freshfields Bruckhaus Deringer LLP, Paris
Daniel M. Price, Rock Creek Global Advisors LLC, Washington D.C.
W. Michael Reisman, Yale Law School, New Haven
Manfred Schekulin, Austrian Federal Ministry of Economy, Family and Youth, Vienna
Christoph Schreuer, Wolf Theiss, Vienna
Stephen M. Schwebel, Independent Arbitrator and Counsel, Washington D.C.
Muthucumaraswamy Sornarajah, National University Singapore Law School
Detlev F. Vagts, Harvard Law School, Cambridge
Francisco Orrego Vicuña, Heidelberg Center, Santiago
Louis T. Wells, Harvard Business School, Boston
Karl P. Sauvant, Founding Editor of the Yearbook, Vale Columbia Center on Sustainable International Investment, New York
Editorial Committee
Lise Johnson, VCC, New York
Peter Muchlinski, School of Oriental and African Studies Law School, London
Ucheora Onwuamaegbu, Kuwait National Focal Point
Federico Ortino, King's College London School of Law
Lisa E. Sachs, VCC, New York
Abby Cohen Smutny, White & Case LLP, Washington D.C.
Columbia Law School Editorial Staff
Haley Anderson
Preeti Bhagnani
Madison Condon
Jeffrey Derman
June Hu
Joseph Kay
Melody McGowin
Niccolò Pietro Castagno
Johanna Rae Hudgens
Olena Savytska
Eno Usoro
Amy Wang
CONTRIBUTORS
Björn Arp, PhD in International Law from the University of Alcalá (2006). He has been Assistant Professor of Public International Law at the University of Alcalá (2000-2010); Secretary of the LL.M. Program in International Human Rights Protection (2004-2010); and Visiting Researcher at Harvard Law School (2007). He has been guest lecturer at several universities in Latin America and Spain. His publications focus on the international protection of human rights and of foreign direct investments. Currently, he is Adjunct Faculty at the American University Washington College of Law and Partner at the international legal and political services firm Aparicio, Arp & Associates in Washington, D.C.
Alessandra Asteriti has degrees from the University of Rome, Essex and Glasgow, where she obtained her Ph.D. with a thesis in international investment law. She has worked as an archaeologist in Syria and taught Italian in the United States, before moving to the UK and completing her post-graduate education in law. She is currently an affiliate researcher at the University of Glasgow. She has numerous publications in the fields of international investment law and legal theory.
Nicholas J. Birch is an Associate at the Law Offices of Stewart and Stewart in Washington, D.C. and a J.D./M.B.A graduate from Georgetown University. Mr. Birch has practiced in trade remedies and international investment law. He has also been involved in research and writing on international investment, arbitration, and trade law and development, which has been featured in multiple books and articles.
Jenny J. Chao has experience advising international financial institutions, government, and the private sector in energy, infrastructure, natural resources management and sustainable development, with a particular emphasis on the emerging economies in East and Southeast Asia. Previous to her current role as an associate of an international law firm, Hogan Lovells, she was a research scholar with the Vale Columbia Center on Sustainable International Investment. She holds a J.D. from Columbia Law School, a master's from Sciences-Po/Sorbonne, and a B.S. from Georgetown University's School of Foreign Service.
Paolo Di Rosa is a partner at Arnold & Porter LLP, where he heads the International Arbitration Practice Group. Previously, he was a senior lawyer at the U.S. Department of State, and chief negotiator for numerous U.S. international treaties. He has been ranked or listed as an international arbitration specialist in publications such as Chambers Global, Chambers Latin America, Chambers USA, Legal 500, International Who's Who of Commercial Arbitration, SuperLawyers, and Best Lawyers in America, among others. He received an A.B. magna cum laude from Harvard College in 1987, and a J.D. cum laude from Harvard Law School in 1991.
Hernando Diaz-Candia, Science Doctor, Universidad Central de Venezuela; Master in Legibus (LLM), Fulbright Scholar, Harvard Law School; abogado, Cum laude, Universidad Católica Andrés Bello. His doctoral thesis El correcto funcionamiento expansivo del arbitraje was awarded highest honors and published as a book in Spain (Aranzadi-Thomson Reuters) and Venezuela (Editorial Legis) in 2011. He is authorized to practice law in Venezuela and in the State of New York. Has served as domestic and international arbitrator, including before the International Chamber of Commerce, and currently teaches arbitration as part of the Science Doctorate curriculum at Universidad Central de Venezuela. Has represented investors (claimants) and sovereign States (respondents) before ICSID.
Kabir Duggal is an associate in the International Arbitration Group at Curtis, Mallet-Prevost, Colt and Mosle LLP. He has been involved in arbitrations involving state and state-owned entities and is a graduate of the University of Mumbai, University of Oxford (Law Faculty) and the NYU School of Law.
Patrick Dumberry, Ph.D. (Graduate Institute for International Studies, Geneva, Switzerland), is an Associate Professor at the University of Ottawa (Faculty of Law, Civil Law Section). He practiced international arbitration for several years with law firms (in Geneva and Montreal), as well as with Canada's Ministry of Foreign Affairs (Trade Law Bureau). He publishes in the fields of international law and international investment law.
Persephone Economou is a staff member of the World Bank's Multilateral Investment Guarantee Agency (MIGA). Prior to that, she was the Managing Editor of the Journal of International Business Studies, where she co-edited a special issue on international business negotiations. Previously she was a staff member of UNCTAD in Geneva and of the United Nations Centre on Transnational Corporations in New York. She was involved extensively in the World Investment Report series and was the Associate Editor of Transnational Corporations. Ms. Economou has been a consultant to various organizations, including the World Bank's Development Economics.
Jo En is an associate at Clifford Chance LLP. She specializes in cross-border M&A in the energy, infrastructure and telecommunications sectors. Her research interests include foreign direct investment and international development. Jo En is a graduate of Columbia Law School and the University of New South Wales. She was formerly a research associate to the Vale Columbia Center on Sustainable International Investment and the Harvard Kennedy School Corporate Social Responsibility Initiative. As a student, Jo En was a staff editor of the Columbia Journal of Transnational Law and has published on subjects such as state-controlled entities, international investment, business and human rights.
Ksenia Gal is a Research Associate at the Vale Columbia Center on Sustainable International Investment; she holds an LL.M. degree in International Legal Studies from New York University Law School. Before that, she had received her first law degree from the Russian Academy of Justice in Moscow, Russia, and for several years worked at the Legal Department of the Ministry of Foreign Affairs of the Russian Federation.
David A. Gantz, AB (Harvard), JD, SJM (Stanford), is Samuel M. Fegtly Professor of Law and Director of the International Trade and Business Law Program at the University of Arizona, James E. Rogers College of Law, where he teaches and writes in the areas of international trade and investment law, regional trade agreements and international environmental law. He served earlier in the Office of the Legal Adviser, U.S. Department of State and practiced law in Washington, D.C. He is the author or co-author of four books and more than 50 law review articles and book chapters, and has served as a consultant for the UNDP, USAID and the World Bank, among others.
Caroline Henckels holds a PhD from the University of Cambridge, an LLM from the University of Melbourne and an LLB from Victoria University of Wellington. She is a Barrister and Solicitor of the Supreme Court of Victoria, Australia and of the High Court of New Zealand. Caroline currently holds the position of Vice-Chancellor's Post-Doctoral Research Fellow at the University of New South Wales, Australia. A monograph based on her PhD thesis, which concerns proportionality and standards of review in investor-state arbitration, will be published by Cambridge University Press in 2014.
Dawn Yamane Hewett is an associate in Arnold & Porter LLP's international arbitration, litigation, global anti-corruption, and white-collar practice groups. Ms. Hewett's practice includes the representation of sovereign States, corporate clients, and individuals in international arbitrations, U.S. litigation, and U.S. criminal investigations. Ms. Hewett obtained her JD from Yale Law School in 2008, Master's of Public Affairs from Princeton University in 2005, Master of Philosophy in Ethnic and Racial Studies (Sociology) from Trinity College Dublin in 2002, and undergraduate degrees in International Studies and Political Science from the University of Washington in 2000.
Lise Johnson is the Senior Legal Researcher on Investment Law and Policy at the Vale Columbia Center on Sustainable International Investment (VCC), where she focuses on analyzing treaties and treaty-based investor-state arbitrations, and examining the implications those instruments and decisions have for host countries' domestic policies and development strategies. In addition, she concentrates on key institutional and procedural aspects of the legal framework government resolution of investor-state arbitration, including efforts to increase transparency in and legitimacy of investor-state dispute settlement. She has a B.A. from Yale University, J.D. from University of Arizona, LL.M. from Columbia Law School, and is admitted to the bar in California.
Ian A. Laird is a Partner in the International Dispute Resolution group of Crowell & Moring LLP, based in the firm's Washington, D.C. office. He has served as a Lecturer-in law at Columbia Law School and as an Adjunct Professor at the Georgetown University Law Center teaching subjects related to international investment law. He is Editor-in-Chief and Co-Founder of Investmentclaims.com (Oxford University Press), and Co-Director of the International Investment Law Center of the International Law Institute (ILI) in Washington, D.C. He has appeared as counsel in numerous investor-state arbitrations.
Shawn Lim is Managing Editor of the Columbia FDI Perspectives and Fellow at the Vale Columbia Center on Sustainable International Investment. He is currently a JD candidate and Harlan Fiske Stone Scholar at Columbia Law School. He is also Articles Editor of the Columbia Journal of European Law and holds an LLB with First Class Honours from the London School of Economics and Political Science.
Rahim Moloo was General Counsel at the University of Central Asia, an international treaty organization, and Senior Research Fellow at the Vale Columbia Center on Sustainable International Investment. Since then, Rahim joined Freshfields Bruckhaus Deringer LLP as a Senior Associate in the International Arbitration Group. He has extensive experience in representing and advising multinationals, states and international organizations on matters of international law and in international disputes. In particular, Rahim focuses on representing parties in international investment disputes and international commercial arbitrations. Concurrently, Rahim is an adjunct professor at Columbia Law School, where he teaches a seminar on international commercial arbitration.
Vid Prislan is Research Fellow and PhD candidate at the Grotius Centre for International Legal Studies, Leiden University. He holds a Diploma in international relations from the University of Ljubljana, and an LLB in Dutch law and LLM (cum laude)in public international law from Leiden University. In addition to conducting doctoral research on the interaction between domestic courts and investment tribunals, he regularly provides expert advice to governments and private parties in territorial and maritime delimitation disputes, and in the context of various investment arbitration proceedings. He is also Book-Review Editor of the Leiden Journal of International Law. Previously, he worked as research assistant at the Grotius Centre and supported counsel in contentious cases before the PCA and the ICJ.
Borzu Sabahi is an attorney in Curtis Mallet-Prevost Colt & Mosle LLP. He represents States and State-owned entities in complex commercial and investment treaty arbitrations under the rules of ICC, ICSID, LCIA, and UNCITRAL involving industries such as oil & gas, mining, construction, and telecommunications. He is an adjunct professor at Georgetown and Columbia Law Schools where he co-teaches seminars on investor-State arbitration and on international oil & gas development. He is co-director of the International Investment Law Center at the ILI and an editor of Oxford's Investment Claims website. He has widely published on international investment law and arbitration and regularly speaks at professional conferences on these topics.
Lisa Sachs is the Director of the Vale Columbia Center on Sustainable International Investment. At the VCC, she has overseen the development of robust research portfolios and advisory work on sustainable investment in natural resources (oil, gas, mining and land) and international investment law and policy. Her academic work has included research on extractive industries, trends in foreign investment, corporate responsibility, human rights, and integrated economic development. She is a member of the UN Sustainable Development Solutions Network thematic group on the Good Governance of Extractive and Land Resources. She received a B.A. from Harvard University and a J.D. and a Master of International Affairs from Columbia University, where she was a James Kent Scholar and recipient of the Parker School Certificate in International and Comparative Law.
Karl P. Sauvant is Resident Senior Fellow at of the Vale Columbia Center on Sustainable International Investment (VCC- a joint center of Columbia Law School and The Earth Institute at Columbia University), Senior Research Scholar and Lecturer in Law at Columbia Law School and Guest Professor at Nankai University, China. Before that, he was the Founding Executive Director of the VCC and Director of UNCTAD's Investment Division. He is a Fellow of the Academy of International Business and an Honorary Fellow of the European International Business Academy. He received his Ph.D. from the University of Pennsylvania in 1975.
Stephan Schill (Dr. iur. (Frankfurt), LL.M. (NYU), LL.M. (Augsburg)) is Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Principal Investigator of the ERC-project on "Transnational Public-Private Arbitration as Global Regulatory Governance", and Lecturer at the Frankfurt University and in the joint LL.M. program of Heidelberg University and the Universidad de Chile. He is admitted to the bar in Germany and New York and has acted as counsel before the European Court of Human Rights. He is also the Editor-in-Chief of the Journal of World Investment and Trade.
Jacob Stone, LL.B (civil law, Université Laval), JD (common law, magna cum laude, University of Ottawa), is a lawyer at McCarthy Tétrault LLP in Québec City, Canada. A member of the firm's Business, Mining and International Trade and Investment Law Groups, his practice focuses on corporate and project financing, securities, mergers and acquisitions and venture capital in the mining, energy and biotechnology sectors as well as investment treaty and foreign corruption issues. The views expressed herein are his own and do not necessarily reflect the views, positions, or opinions of McCarthy Tétrault LLP on such matters. Before joining McCarthy Tétrault LLP, Mr. Stone worked in international arbitration in the investment and services section of the Trade Law Division of the federal Department of Foreign Affairs, Trade and Development in Ottawa, Canada"
Witold P. Wilinski is Assistant Professor at the Warsaw School of Economics (World Economy Faculty) where his work focuses primarily on international investment and emerging market multinational enterprises. He was a Visiting Researcher at the Vale Columbia Center on Sustainable International Investment at Columbia University. He received his Ph.D. from the Warsaw School of Economics and a Post-Master Diploma from University Paris Dauphine.
Ruben Zandvliet is a PhD candidate at the Grotius Centre for International Legal Studies, Leiden University. His research focuses on labor standards in international economic law. He holds an LLM (cum laude) from Leiden University and an LLM (James Kent Scholar) from Columbia University. In addition to his doctoral studies, he is a visiting researcher at The Hague Institute for Global Justice. Previously, he worked as a policy advisor for a Member of Parliament in the Netherlands in the field of economic policy, corporate law, and constitutional law.
