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CIDS/MIDS 2015-2016Annual Report

CIDS-MIDS 2015-2016

ANNUAL REPORT

In these times when international dispute settlement experiences dramatic changes, a formidable expansion accompanied by unprecedented challenges in every meaning of the word, the MIDS is striving to give new generations from all over the world the tools to master these challenges.

We are very proud of an academic year which has witnessed a remarkable group of dedicated students, and the development of the CIDS research agenda with its landmark project on the reform of investor-State arbitration.

We do hope that you will find this annual report of interest; it seeks to convey a detailed account of the CIDS-MIDS experience and the people it involves.

Geneva Center for International Dispute Sett lement (CIDS)Geneva LL.M. in International Dispute Sett lement (MIDS)

Villa Moynierrue de Lausanne 120b

PO Box 67 - 1211 Geneva 21Switzerland

Tel. +41 (0)229084486 Fax +41 (0)229084499

Table of ConTenTs

I. Executive Summary _____________________The year in a nutshell ....................................... 7Life after the MIDS ......................................... 8The CIDS ........................................................ 9

II. The MIDS program ____________________Overview ....................................................... 11Curriculum .................................................... 12Administration .............................................. 13

III. The 2015-2016 MIDS edition ___________Students......................................................... 15Professors ....................................................... 16Courses .......................................................... 17

General courses .......................................... 17Tutorials ..................................................... 17Intensive courses ......................................... 18Optional Courses ....................................... 24

Additional learning opportunities and events . 27Workshops ................................................. 27Seminars and lectures ................................. 30Academic retreat ......................................... 32Conferences ................................................ 33Study trips and visits .................................. 34

Career services ............................................... 36

Professional and social events ......................... 38Paris Arbitration Academy ............................. 39IASC Madrid ................................................. 392015-2016 Graduation .................................. 40CIDS-MIDS Staff update .............................. 41MIDS Alumni update ................................... 41

IV. New Developments ____________________2016-2017 ..................................................... 432017-2018 ..................................................... 43

V. The CIDS ____________________________Purpose .......................................................... 44Activities in 2015-2016 ................................. 45

Research ..................................................... 45Reform of ISDS ........................................ 45Impact of International Investment Arbi-tration on Governance .............................. 46

Conferences ................................................ 46 CIDS Doctoral Seminars .......................... 46 CIDS - ICDR Y&I Debate ...................... 47

Activities in 2016-2017 ................................. 47FIAA-CIDS Conference ............................. 47CIDS Doctoral Seminars ............................ 47

ContentsContents

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The year in a nuTshell

In 2015-2016, 41 students from 25 nationalities were admitted to the eigth edition of the Master in International Dispute Settlement (MIDS).

The 2015-2016 MIDS curriculum included:

• General courses: The Organization of International Dispute Settlement, taught by Prof. Laurence Boisson de Chazournes and Prof. Gabrielle Kaufmann-Kohler; and International Legal Proceedings, delivered by Prof. Zachary Douglas, Prof. Marcelo Kohen and Prof. Fuad Zarbiyev.

• Intensive courses: a choice of 14 courses was offered out of which students attended 10 on average, 8 being required. The offer included: ICC Arbitration with Prof. Pierre Tercier; The New York Convention of 1958 with Prof. Albert Jan van den Berg; EU Law and International Arbitration with Prof. George A. Bermann; Arbitration in the United States with Prof. William W. Park; The PCA and its Contribution to the Evolution of International Dispute Settlement with Prof. Brooks W. Daly; The French Law on International Arbitration with Prof. Jean-Michel Jacquet; Arbitration in Latin America with Prof. Raúl E. Vinuesa; The Arbitration Agreement in International Commercial Arbitration with Prof. Sébastien Besson; Public Policy in International Arbitration with Prof. Jan Kleinheisterkamp; WTO Dispute Settlement with Prof. Gabrielle Marceau; Investment Treaty Law and Arbitration with Prof. Anthea Roberts; Class, Mass and Collective Arbitration with Prof. S.I. Strong; Philosophical Questions in International Arbitration with Prof. Thomas Schultz; and Sports Arbitration with Prof. Antonio Rigozzi.

• Optional courses: each MIDS student took at least 2 from a choice of 30 different courses on international law and dispute settlement offered by the Graduate Institute and the University of Geneva Law School.

The most popular among MIDS students were: International Commercial Arbitration with Prof. Gabrielle Kaufmann-Kohler; International Investment Law with Prof. Joost Pauwelyn; WTO Law and Practice with Prof. Gabrielle Marceau; International Trade Law with Jan Bohanes; Comparative Methodology: Contract Law with Prof. Thomas Kadner; Corporate Responsibility in Transnational and International Law with Prof. Zachary Douglas; Trade and Investment Law Clinic with Prof. Joost Pauwelyn; International Litigation with Prof. Gian Paolo Romano; Current Issues of International Law through the Case-law of International Courts and Tribunals with Prof. Makane Moïse Mbengue; WIPO and International Intellectual Property Law with Prof. Edward Kwakwa; and International Intellectual Property Law with Prof. Yaniv Benhamou.

• Workshops: all students attended the workshops on Legal Writing Advocacy with David Roney and Tanya Landon; Mediation with Birgit Sambeth Glasner; Financial Damage Analysis with Geoffrey Senogles; and Witness Examination with the Foundation for International Arbitration Advocacy (FIAA).

• Seminars: students enjoyed seminars on The International Tribunal for the Law of the Sea (ITLOS) with Prof. Tullio Treves; Inter-State Mediation with Prof. Nicolas Michel; and Arbitration in China with Prof. Kun Fan. Prof. Jan Paulsson inaugurated the first Q&A Session with Star Arbitrators.

• Lectures: the MIDS held three public lectures on: “Abuse of (Due) Process in International Arbitration” with Lucy Reed; “The Challenge of Challenges in Investor-State Arbitration” with Meg Kinnear; and on “Applying International Law - Limits and Challenges” with Judge Sir Christopher Greenwood.

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I. Executive Summary

• Conferences: MIDS students attended a number of conferences both in Switzerland and abroad, including: ASA General Meeting and Conference, “Domestic Arbitration Worldwide: What Works Best?” (Bern, 4 September 2015); University of Neuchâtel Conference on “New developments in International Commercial Arbitration in 2015” (Neuchâtel, 13 November 2015); 35th Annual Meeting of the ICC Institute World Business Law, on “Class & Group Actions in Arbitration” (Paris, 30 November 2015); 6th Milan Arbitration Chamber (CAM) Annual Conference, on “Mergers & Acquisitions” (Milan, 27 November 2015); ASA Annual Conference 2016 on “Commercial Arbitration Involving States: Public Interests and Private Justice?” (Zurich, 22 February 2016); British Institute of International and Comparative Law (BIICL) 26th Investment Treaty Forum on ‘The Role of Proportionality in International Investment Law’ (London, 9 May 2016); British Institute of International and Comparative Law (BIICL) 16th WTO Annual Conference (Geneva, 10 June 2016); XI Congreso Internacional del Club Español del Arbitraje (CEA) (Madrid, 12-14 June 2016).

• Study Trips: the students visited different international dispute settlement institutions in Paris (ICC), The Hague (ICJ, PCA, Iran-

US Claims Tribunal), and Geneva (WIPO, WTO).

• Academic Retreat: a two-day international commercial arbitration moot exercise took place in the countryside (Château de Bossey) with students presenting oral arguments before arbitral tribunals composed of Dr Bernd Ehle and Joachim Knoll (Lalive), Jean Marguerat (Froriep), Dr Dolores Bentolilla (White & Case), Frank Spoorenberg (Tavernier Tschanz), Paolo Marzolini (Patocchi & Marzolini), Sabrine Schnyder (Sidley Austin), MIDS faculty member, Prof. Thomas Schultz, and MIDS Lecturers Dr Réka Papp, Dr Mamadou Hébié, and María de la Colina.

life afTer The MiDs

Before the graduation day, on 15 September 2016, 80% of the MIDS 2015-2016 class had secured positions in international institutions and law firms. MIDS 2015-2016 graduates hold positions at the African Union (Addis Ababa), International Chamber of Commerce International Court of Arbitration (ICC, Paris); the International Court of Justice (ICJ, The Hague); the Permanent Court of Arbitration (PCA, The Hague); the Swiss Chambers’ Arbitration Institution (SCAI, Geneva); or the United Nations Conference on Trade and Development (UNCTAD, Geneva).

A number of students found positions in law firms such as Allen & Overy (Paris); BonelliErede (Rome); Borris Hennecke Kneisel (Cologne); Cuatrecasas Gonçalves Pereira (Madrid); Curtis Mallet-Prevost Colt & Mosle (Geneva and Paris); Dechert (Paris); Dentons (Paris); Derains & Gharavi (Paris); Freshfields Bruckhaus Deringer (Frankfurt and London); Froriep (Geneva); Hanotiau & van den Berg (Brussels); Jones Day (Paris); Lalive (Geneva); Latham & Watkins (Paris); Lévy Kaufmann-Kohler (Geneva); Schonherr (Belgrade); Shearman & Sterling (Paris); Three Crowns (Paris); White & Case (Paris); and Winston & Strawn (Paris).

The CiDs

The Center for International Dispute Settlement (CIDS) was active in 2015-2016 with the organization and co-organization of several academic conferences, the launch of the CIDS PhD seminars, and the conduct of research projects in the field of investment arbitration.

CIDS ISDS Report

The highglight of the year at the CIDS was the issuance of a report entitled “Can the Mauritius Convention serve as a model for the reform of investor-State in connection with the introduction of a permanent investment tribunal or an appeal mechanism?”. The report, co-authored by Prof. Gabrielle Kaufmann-Kohler and Dr Michele Potestà, with the assistance of Clément Bachmann and Blerina Xheraj (PhD Candidates at the University of Geneva), and Sean McCarthy (MIDS ‘15), was presented at the 49th reunion of UNCITRAL in 9 July 2016.

The report seeks to analyze whether the Mauritius Convention on Transparency could provide a useful model for broader reform of the investor-State arbitration framework. To this end, it proposes a possible roadmap that could be followed if States were to decide to pursue a reform initiative aimed at replacing or supplementing the existing investor-State arbitration regime in international investment treaties with a permanent tribunal and/or an appeal mechanism for investor-State arbitral awards.

This is an ongoing research project. Following the submission of the first report, a second one is currently in progress on the composition and operation of international courts and tribunals. Preliminay findings of this report will be presented during a government expert meeting on the reform of ISDS to be held in Geneva in March 2017. The government expert meeting will be hosted by the Swiss Government and co-organized by UNCITRAL and the CIDS. The full report will be submitted to UNCITRAL before the July 2017 Commission session.

CIDS Doctoral Seminars

The CIDS aims at building up an academic ‘home’ for PhD students working in the field of international dispute settlement. For that purpose, a series of doctoral seminars take place about every 2-3 months in Geneva. The seminars are supported by a grant of the University of Geneva Rectorat.

The first of these seminars took place at Villa Moynier, bringing together about 20 scholars from all over Switzerland. Dafina Atanasova (PhD Candidate, University of Geneva) delivered a presentation on “Conflict of Treaty-Norms in Investment Arbitration” (13 October 2015).

The second seminar counted on Blerina Xheraj (PhD Candidate, University of Geneva), presenting her research on “The Europeanisation of Investment Arbitration” (2 March 2016).

A third seminar was delivered by Josef Ostransky (PhD Candidate, Graduate Institute of International and Development Studies) on “The State Regulatory Powers in International Inverstment Arbitration: A Theory of Deference” (17 May 2016).

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CIDS Doctoral seminar session

II. The MIDS ProgramII. The MIDS Program

overview

The Geneva LL.M. in International Dispute Settlement (MIDS) was launched in September 2008 under the joint aegis of the University of Geneva Law School and the Graduate Institute of International and Development Studies.

The MIDS covers international dispute settlement broadly speaking, including international commercial, investment and sports arbitration, WTO dispute settlement, proceedings before the International Court of Justice and various other international courts and tribunals, negotiation and mediation. Its broad scope makes it the only program in the world that covers all relevant aspects of the field, thereby acknowledging the interrelations and similarities that exist between most methods and mechanisms of international dispute settlement.

The MIDS aims at ranking among the first three choices worldwide for students seeking postgraduate education in international arbitration or international dispute resolution. The program provides full-time postgraduate legal education to 35-40 students per year. It carries 65 ECTS credits for one academic year of study in residence (September through June), typically followed up by two months of research and drafting of a thesis. Over one fourth of the students benefit from a full scholarship arranged by the program.

The MIDS is designed for students who hold a first complete law degree and have a good command of the English language. Most students already have professional experience in law at the time of enrolling, some to a significant extent.

The structure of the program is largely elective, offering students latitude to pursue their specific interest in dispute settlement while keeping within parameters set to ensure the acquisition of the indispensable knowledge in the field. The program is taught in English, with the possibility to take optional courses in French.

35 to 40 students attend the MIDS each year. Since its start, the MIDS has provided education to 279 students from 60 countries and all continents.

MIDS graduates head for careers in arbitration or international law departments of law firms, in foreign affairs, trade or justice ministries, as legal officers in international dispute settlement institutions, international organizations, and non-governmental organizations. Some graduates teach at various universities around the globe and others pursue PhD studies after the MIDS.

The MIDS faculty includes experts carefully selected from among the best-known and most respected academics and practitioners in the field of dispute settlement worldwide.

Professor George A. Bermann


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CurriCuluM

AdministrAtion

Program Director

Prof. Gabrielle Kaufmann-Kohler

Committee

Prof. Laurence Boisson de Chazournes

Geneva University Law School

Prof. Zachary Douglas

Graduate Institute


Geneva University Law School

Prof. Marcelo Kohen

Graduate Institute

Executive Director

Diego Gutiérrez

Lecturers

Dr Mamadou Hébié

Dr Réka Papp

María de la Colina

Coordinator

Evelyne Bryden

The program includes the following main building blocks:

• Two semester-long general courses providing a comprehensive overview of international dispute settlement. The first general course deals with the organization of international dispute settlement: which disputes correspond to which dispute resolution mechanisms, and how these mechanisms operate. The second general course reviews the main procedural issues that arise in these proceedings, with an eye for comparison and contrasts. The general courses are accompanied by weekly “Oxbridge” style tutorials held in small groups.

• A choice of intensive courses. Each course consists of nine hours of class spread over two or three days. These courses focus on a specific dispute settlement mechanism or explore in depth a particular topic. Intensive courses typically elaborate on matters addressed more briefly in the general courses. Students are offered 14 courses out of which the requirement is to take 8, 10 being the average number of courses followed by a MIDS student.

• A choice of semester-long optional courses drawn from a list of classes offered in the regular master program curricula of the Graduate Institute and the University of Geneva Law School. These courses revolve broadly around international dispute settlement. Students must take at least 2 optional courses.

• Clinical workshops aiming at improving core advocacy skills required in the international dispute settlement practice, such as legal writing skills, commercial mediation, financial damage analysis and arbitration advocacy.

• An academic retreat, where students engage in a commercial arbitration moot exercise during two days concluding with hearings

before an arbitral tribunal composed of practitioners. The purpose is to develop skills in analyzing facts and evidence, building a strategy, construing a legal argumentation, practicing oral advocacy and working in a team, all with limited time and with the related pressure.

• Seminars on new developments in international dispute settlement and on the work of key international organizations and arbitral institutions.

• International conferences on international dispute settlement related topics. Students are required to attend at least two, one in Switzerland and one abroad, from a choice that typically includes ASA conferences, BIICL Investment Treaty Forum and WTO conferences, ICC Annual Meeting, Milan CAM Annual Conference, and University of Neuchâtel conference, among others.

• At least three MIDS public lectures with well-known academics and practitioners. MIDS lectures are open to the public and gather a large number of students, practitioners and academics from Switzerland and France.

• Site visits to dispute settlement institutions in Paris, The Hague and Geneva.

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III. The 2015 - 2016 MIDS editionsTuDenTs

For the 2015-2016 edition of the MIDS program, about 300 applications were submitted. The final class was composed of 41 students (21 female, 20 male), 27 years old on average, and representing 25 countries.

Out of the 41 students who participated in the MIDS in 2015-2016, 10 received a full scholarship covering tuition fees and living expenses thanks to

MIDS students in 2015-2016:

Bethlehem ASMAMAW (Ethiopia)Sharad BANSAL (India)Jeremy BLOOMENTHAL (United States)Weishan CAO (China)Abhileen CHATURVEDI (India)Raphaël CHIKLI (France)Estefanía CONTRERAS (Colombia)Daniela CORCHUELO (Colombia)Antoine COTTIN (France)Leonardo LUSVARGHI (Brazil)Jaber ESFANDI (Iran)Stuti GADODIA (India)Shuyang GAO (China)Julio GOUVEA (Brazil)Guillaume GUEZ (France)Shirin GURDOVA (Turkmenistan)Bérengère HENRIO (France)Hjördís HJARTARDOTTIR (Iceland)Soaad HOSSAM (Egypt)Lan HUANG (China)Maria KISKACHI (Russia)

the generosity of a private donor. Another student was awarded the MIDS Young ICCA Scholarship covering the tuition fees.

The sources of income for the MIDS program are the tuition fees (CHF 25’000) and the contributions in kind from the University of Geneva Law School and the Graduate Institute of International and Development Studies.

Lukas KOTEREC (Slovakia)Panagiotis KYRIAKOU (Greece; Cyprus)Avinder LAROYA (United Kingdom)Lucia LUCCHESI (Italy)Blanca MARTÍNEZ (Mexico)Sergii MELNYK (Ukraine)Juan MONTALVO (Ecuador)Lukas MONTOYA (Colombia)Pratyush PANJWANI (India)Dimitrios PAPAGEORGIOU (Greece)Ecem PIRLER (Turkey)Ashutosh RAY (India)Emiliano REPRESA (Argentina)Ana RUIZ ARENAS (Spain)Irina SAMODELKINA (Russia)Mikhail SAMOYLOV (Russia)Hristina TODOROVIC (Serbia)Ezequiel VETULLI (Argentina)Min-jin YI (South Korea)Vanessa MEIRELES (Brazil)

III. The 2015 - 2016 MIDS edition


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Among the new professors and those returning to lecture in 2015-2016 the MIDS counted Prof. Fuad Zarbiyev (Graduate Institute); Brooks W. Daly (Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration); Prof. Anthea Roberts (RegNet, Australian National University); Prof. S.I. Strong (University of Missouri School of Law; Senior Fellow, Center for the Study of Dispute Resolution); and Prof. Raúl Vinuesa (Universidad de Buenos Aires).

The “regulars” lecturing at MIDS every year were Prof. Laurence Boisson de Chazournes ( Geneva University Law School); Prof. Gabrielle Kaufmann-Kohler (Geneva University Law School); Prof. Marcelo Kohen (Graduate Institute); Prof. Zachary Douglas (Graduate Institute); Prof. Pierre Tercier (Honorary Professor, University of Fribourg); Prof. Albert Jan van den Berg (Erasmus University, Rotterdam; Partner, Hanotiau & van den Berg); Prof. William W. Park (Boston University); Prof. George Bermann (Walter Gelhorn Professor and Jean Monnet Professor, Columbia Law School); Prof. Jean-Michel Jacquet (Honorary Professor, Graduate Institute); Prof. Sébastien Besson (University of Neuchâtel); Prof. Gabrielle Marceau (Counsellor, WTO; Geneva University Law School); Prof. Antonio Rigozzi (University of Neuchâtel); Prof. Thomas Schultz (Graduate Institute; King’s College); and Prof. Jan Kleinheisterkamp (London School of Economics).

Courses

The curriculum of the MIDS includes general courses, tutorials, intensive courses and optional courses.

The foundation of the curriculum consists of two general courses (4 hours per week), which provide a comprehensive overview of international dispute settlement. The first course, taught during the autumn semester, sets the stage and reviews the different mechanisms for resolving international disputes. The second one, in the spring, discusses the main procedural issues that arise in international legal proceedings.

The organization of international dispute settlement (General Course 1)

Prof. Laurence Boisson de Chazournes, University of Geneva Law School

Prof. Gabrielle Kaufmann-Kohler, University of Geneva Law School

What types of disputes give rise to disputes in the international arena? How are these different disputes settled? What dispute resolution mechanisms are available? The course focuses on commercial and investment arbitration, ICJ and WTO dispute settlement procedures, as well as

on certain other contemporary dispute settlement mechanisms. The main characteristics of each dispute settlement institution and procedure are examined, with emphasis on the types of disputes that can be brought before each one.

International Legal Proceedings (General Course 2)

Prof. Zachary Douglas, Graduate Institute

Prof. Marcelo Kohen, Graduate Institute

Prof. Fuad Zarbiyev, Graduate Institute

This course covers the main procedural issues arising

in the international legal proceedings examined in the first general course. As the procedures in the different dispute resolution processes raise similar issues (i.e. jurisdiction, provisional remedies, equal treatment, evidence, enforcement), this course reviews these aspects with an eye to comparisons and contrasts.

Professors


Professor Laurence Boisson de Chazournes

Professor Gabrielle Kaufmann-Kohler

Professor Marcelo Kohen

Professor Zachary Douglas

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Professor Fuad Zarbiyev

General Courses

Tutorials

Tutorials are intrinsically connected to the general courses. Inspired by the Oxford model, tutorials are weekly interactions between a tutor, one of the MIDS lecturers, and a group of about ten students. Tutorials serve two different purposes. On the one hand, they provide an opportunity to revisit and explore in more detail the key concepts addressed in the general courses. On the other, during every tutorial session, a student presents a research paper

which is then the subject of a discussion among classmates. Every student delivers two research papers during the MIDS, one in each semester.

The tutorials were conducted by MIDS Lecturers, Dr Mamadou Hébié (public international law) and Dr Réka Papp (private international law). María de la Colina took over from Mamadou Hébié in the second semester.

Intensive Courses

Intensive courses, most of which are taught by visiting professors, provide an opportunity to go into the details of various topics of international dispute settlement. The courses consist of nine hours of class taught over two or three days (with the exception of the ICC Arbitration course that is longer and ends with an international arbitration moot in Paris).

Students chose on average 10 intensive courses (8 being required) out of 14 intensive courses available in 2015-2016. The courses offered in 2015-2016 are listed below in decreasing order of number of attendants.

ICC Arbitration

Prof. Pierre Tercier

Honorary Chairman, ICC International Court of Arbitration; Honorary Professor, University of Fribourg

The International Court of Arbitration of the ICC is one of the most important and best known arbitration institutions. Its unique set of procedures has been applied to more than 20’000 disputes since their adoption. Students attending this course benefited from a thorough insight into the ICC arbitration process. The course extended over the entire first semester with three sessions delivered in Geneva and two sessions on the premises of the ICC in Paris. The students participated in an international arbitration moot playing different roles. The exercise culminated in the final oral arguments presented at the ICC in Paris.

The New York Convention of 1958

Prof. Albert Jan van den Berg

Professor, Erasmus University, Rotterdam; Partner, Hanotiau & van den Berg; General Editor, Yearbook Commercial Arbitration

The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards is the single most important legal text in international commercial arbitration, as it defines the international currency of international arbitration agreements and arbitral awards. The students obtained a unique insight into the workings of the Convention and the challenges it faces to keep current with the world of arbitration as it has evolved since 1958.

Professor Pierre Tercier

The Arbitration Agreement in International Commercial Arbitration

Prof. Sébastien Besson

Professor, University of Neuchâtel; Partner, Lévy Kaufmann-Kohler

The arbitration agreement is the cornerstone of international commercial arbitration. It raises many issues that receive partly divergent answers under different arbitration laws. This course explored these issues in depth, including the notion of separability of the arbitration agreement and the principle of competence-competence that play a fundamental role in the theory and practice of international commercial arbitration.

Public Policy in International Arbitration

Prof. Jan Kleinheisterkamp

Associate Professor of Law, London School of Economics

Whether arbitration is understood as a mere creature of contract or part of international justice, the notion of public policy is crucial for arbitration’s efficiency and legitimacy as a safeguard of public interests in private dispute settlement. This course focused on how arbitrability, internationally mandatory rules and public policy exceptions fit together both in theory and practice and explores concepts such as transnational public policy as a limit to parties’ autonomy.

EU Law and International Arbitration

Prof. George A. Bermann

Walter Gellhorn Professor and Jean Monnet Profesor, Columbia Law School

For some time, it has been assumed in European circles that international commercial arbitration was adequately regulated by the fundamental text, the 1958 New York Convention. But a number of circumstances have come together – a growing awareness that important EU claims are being decided in arbitral rather than judicial fora, a dramatic heightening of EU activity in private international law generally, debates over the use of anti-suit injunctions in the international arbitration field, and imperfections of the New York Convention itself – to put international commercial arbitration suddenly in the EU spotlight. The course examined these developments and their prospects.

Professor George A. Bermann

Professor Sébastien Besson

Professor Jan Kleinheisterkamp

Professor Albert Jan van den Berg


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Investment Treaty Law and Arbitration

Prof. Anthea Roberts

Associate Professor, RegNet, Australian National University

The course introduced students to some of the main principles in any controversies surrounding the investment treaty system. It looked at a variety of questions about jurisdiction, substantive protections (e.g., direct and indirect expropiation, fair and equitable treatment and national treatment), and defences (e.g., necessity). The course examined different ways of understanding the system (e.g., as a branch of public international law, as akin to international commercial arbitration, and as a form of public law) as well as some of the critiques that have been raised about the system (e.g., secrecy, inconsistency and arbitrator bias).

The PCA and Its Contribution to the Evolution of International Dispute Settlement

Brooks W. Daly

Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration

While arbitration is most often thought of as an alternative to litigation in national courts, the PCA was founded in 1899 to provide an alternative to war. From its beginnings in the settlement of interstate disputes to its diverse modern activity, this course examined how the PCA has contributed to, and been transformed by, the dispute settlement needs of the international community.

WTO Dispute Settlement

Prof. Gabrielle Marceau

Counselor, WTO Legal Affairs Division; Associate Professor, University of Geneva Law School

Through an examination of the dispute settlement system underpinning the WTO, the course focused on how the WTO really operates from a legal, political and diplomatic perspective. Replacing the WTO in the broad institutional context of international economic relations, it considered some of the major substantive issues that are addressed in the WTO, such as agriculture, subsidies, standards and regional trade agreements.

Brooks W. Daly

Professor Anthea Roberts

Class, Mass and Collective Arbitration

Prof. S. I. Strong

Professor, University of Missouri School of Law; Senior Fellow, Center for the Study of Dispute Resolution

Interest in large-scale arbitral proceedings is on the rise around the world, and this course considered the most recent developments in this controversial area of law. The discussion covered mass arbitrations in the investment context, including ground-breaking decision in Abaclat v. Argentine Republic, as well as class and collective arbitrations in the international commercial context. This latter discussion not only included a number of US Supreme Court and lower court decisions from the United States, it also incorporated references to large-scale arbitration in other countries.

Arbitration in Latin America

Prof. Raúl E. Vinuesa

Professor, Universidad de Buenos Aires

The increasing number of arbitrations involving Latin American parties has raised many important issues in respect of the development and clarification of investment and commercial arbitration. This course identified the specificities and similarities of arbitration in Latin America compared to the general transnational trends.

Arbitration in the US

Prof. William W. Park

Professor, Boston University; President, LCIA

Students taking Arbitration in the United States had the opportunity to participate in analytical discussions of the law and practice of international arbitration from a comparative perspective. Beyond offering a critical insight into the American approach to arbitration, the course shed new light on broader issues of dispute resolution through engaging in interactions with Professor Park.

Professor S.I. Strong

Professor Raúl E. Vinuesa

Professor William W. Park


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Professor Gabrielle Marceau

French Law on International Commercial Arbitration

Prof. Jean-Michel Jacquet

Honorary Professor, Graduate Institute of International and Development Studies

French arbitration law, tradition and culture are not only among the most important frameworks for international commercial arbitration today, because Paris is a leading place for international arbitration. They are also among the intellectual factors that most profoundly shaped the world of arbitration as we know it today. This course introduced the students to that French heritage and discussed today’s international commercial arbitration law and practice in France. The course was taught in French.

Philosophical Questions in International Arbitration

Prof. Thomas Schultz

Professor, Graduate Institute; Reader in Commercial Law, King’s College London

Those interested in looking beyond black-letter law enjoyed this course, which reflects on some of the philosophical foundations and implications of international arbitration. It broached themes such as the functions of international arbitration, the existence of an arbitral legal order, the relationship between arbitration and the rule of law, and the roles of an international arbitrator.

Sports Arbitration

Prof. Antonio Rigozzi

Professor, University of Neuchâtel; Partner, Lévy Kaufmann-Kohler

Switzerland hosts most major international sports federations and organizations, including the International Olympic Committee and the Court of Arbitration for Sport (CAS), which acts as the world’s highest sports tribunal for most kinds of disputes between athletes or clubs and sports governing bodies. CAS also administers commercial arbitrations about sports matters and a specific arbitration procedure for the Olympic Games. MIDS students were introduced to these different procedures and also had the opportunity to discuss their impact on the rights of athletes.

Professor Antonio Rigozzi

CIDS-MIDS facilities at the University of Geneva and the Graduate Institute

Villa Moynier Auditorium Jacques Freymond

Unimail Maison de la Paix

Professor Thomas Schultz

Professor Jean-Michel Jacquet


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Villa BartonUniBastions

Optional Courses

In addition to the general and intensive courses, students took a choice of at least two semester-long weekly optional courses drawn from a list of 20 to 30 classes relating to international dispute settlement and neighboring fields. The courses were drawn from the regular masters’ curricula of the Graduate Institute and the Law Faculty.

The courses listed below are those most attended by MIDS students in 2015-2016, listed by descending MIDS attendance numbers:

International Commercial Arbitration


Professor, University of Geneva Law School

Nowadays arbitration is the settlement method for disputes arising in international commerce and Switzerland is one of the foremost arbitration places worldwide. This class reviewed all issues raised in international arbitration proceedings following the chronology of the arbitral process. It starts with distinguishing arbitration from other dispute resolution mechanisms, stressing its specific features and why parties choose arbitration over other methods, and outlining the often multinational and transnational legal framework of arbitration. It then examined the arbitration agreement, the constitution of the tribunal, the fundamental principles and procedures governing before the arbitrators, the law applied by the arbitral tribunal to resolve the dispute, the content of the award, and finally the remedies available against an arbitral award, be it at the annulment or the enforcement stage abroad. The class mixed theoretical and practical aspects, the theory being illustrated with examples drawn from the extensive practical experience of the Professor.

International Investment Law

Prof. Joost Pauwelyn

Professor, Graduate Institute of International and Development Studies

When a Swiss or US firm invests abroad, especially in emerging economies, what protection does it enjoy under international law? Is it shielded, for

example, against expropriation, discriminatory regulation or abuse by foreign courts? This course examined the investment law protections both in customary international law and treaties, in particular bilateral investment treaties (BITs), NAFTA Chapter 11 and Energy Charter Treaty. It provided an in-depth analysis of procedures for investor-state dispute settlement under arbitral facilities such as ICSID and analyzed the exponentially growing case law in the field. The course also devoted attention to the environmental and social issues surrounding the international law protection of foreign investment and efforts to regulate the rights and obligations of multinational corporations.

WTO Law and Practice

Prof. Gabrielle Marceau

Associate Professor, University of Geneva Law School

This course focused on legal aspects of the World Trade Organization. It was structured around broad themes: the origin of today’s multilateral trading system, spanning the period from the post-WWII adoption of the GATT (the General Agreement on Tariffs and Trade) up to and including the creation of the WTO in 1995; the WTO’s role and purpose, both as a governance forum for discussion among its membership of all trade-related issues and as an international institution in its own right; certain of the most interesting and signficant WTO-adjudicated international trade disputes, looking especially at how the Appellate Body has grown into a widely

celebrated “Court of highest appeal” in international economic law; and finally, the WTO as a truly “avant-garde” organization, looking especially at recent developments in the areas of trade in services and trade in intellectual property, and reflecting again on the strengths and weakenesses of the WTO’s distinct approach to global governance.

International Trade Law

Jan Bohanes

Counsel, Advisory Centre on WTO Law

Economic independence between countries and across production chains continues to grow. In this context, stable rules on international trade and investment are key. This course focused on the rules established by the World Trade Organization (WTO) as well as selected regional trade agreements. What are the benefits and risks of trade liberalization? How can trade liberalization go hand in hand with other public policy goals such as protecting the environment and human rights or promoting the economic development of poor countries? The course addressed the principles of trade in goods and trade in services as well as WTO agreements on health measures, subsidies or intellectual property rights. It also addressed the unique WTO mechanism for the settlement of trade disputes, with special reference to the recent trade tensions with emerging countries like Brazil, China and India.

Current issues of international law through the case-law of the International Court of Justice

Prof. Makane Mbengue

Associate Professor, University of Geneva Law School

Based on the observation that dispute settlement mechanisms play a crucial role in the formulation and development of international law, this course analyzed how fundamental current issues of international law are addressed by international courts and tribunals. In these contexts, the

course emphasized the contribution of different international courts and tribunals to the development of international law, i.e. the ICJ, the WTO DSB, ITLOS, ICSID, the PCA and human rights courts.

WIPO and International Intellectual Property Law

Prof. Edward Kwakwa

Visiting Professor, Graduate Institute of International and Development Studies

This course took a detailed look at the World Intellectual Property Organization (WIPO) and addressed salient issues on the international intellectual property agenda today. Topics included the objectives, structure, governance and legal status of WIPO; WIPO’s relations with the UN and the WTO; dispute resolution under the auspices of WIPO, including the WIPO Arbitration and Mediation Center, and Internet Domain Name Dispute Resolution; TRIPs; IP and development; and ensuring respect for IP rights.

Trade and Investment Law Clinic

Prof. Joost Pauwelyn


This clinic offered a unique opportunity for a small group of selected students to thoroughly analyze trade and investment law and jurisprudence through a combination of practice and theory. Students worked in small groups under the supervision of the professor, clinic coordinator, and teaching assistant, on specific questions related to trade and investment law put by “real” clients, such as international organizations, governments and NGOs. Skills sessions were also held with invited professionals to improve legal writing and oral presentation. At the end of the semester, the groups submitted written memoranda and made oral presentations in class in the presence of the client and other guests.


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Workshops

Education in the field of international dispute resolution cannot remain solely academic. The MIDS curriculum therefore includes a series of clinical workshops to improve skills required in international dispute settlement, such as written and oral advocacy, expertise in damage quantification, and settlement techniques.

The legal writing workshop was delivered by Sidley Austin Partners, David Roney and Tanya Landon. It covered the entire legal drafting process with a special emphasis on the requirements for the practice of international arbitration. In addition to theoretical underpinnings, it included practical exercises and individualized feedback on legal submissions drafted as part of the workshop.

A workshop on international commercial mediation was conducted by Birgit Sambeth Glasner, Partner at Altenburger Ltd legal+tax. A respected mediator, Birgit Sambeth Glasner took the students through the nuts and bolts of mediation: When should parties settle? When are they ready to do so? How to bring them to a settlement through a facilitated interest-based negotiation?

These are some of the key questions in mediation; they require simple skills, which are too often ignored by counsel and arbitrators alike, much to the detriment of the parties.

Birgit Sambeth Glasner

Geoffrey Senogles

aDDiTional learning oPPorTuniTies anD evenTs


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International Litigation

Prof. Gian Paolo Romano


Global economy generates an increasing number of cross-border disputes, a large proportion of which are still today litigated before domestic courts. The course aimed at giving an overview of the unique dimenstion of international litigiation, particulary in the commercial context. It primarily addressed critical jurisdictional issues, including mechanisms to handle parallel proceedings, as well as key problems associated with recognition and enforcement of foreign decisions, especially money-judgements. Injunctive and other interim relief, which role is often crucial to multijurisdicitonal litigation practice, was also covered and so were general aspects of the so-called international juridicial assistance, notably cross-border service and taking evidence abroad. Geographically, emphasis was placed on the European context but comparative elements from other areas was also offered, particularly from the Americas.

Comparative Methodology: Contract Law

Prof. Thomas Kadner


The aim of this course was to train students in the use of the comparative method. The approach used was case-oriented and based on learning by doing. In each session, the class started wtih a scneario taken from the case of a European country and raised a highly topical issue of private law. The subject used as an example was contract law. Students worked with materials from different jurisdictions allowing them to solve the case under different national laws as well as under international rules and principles. The mateirals (civil codes, court decisions and extracts of academic writing) presented the current state of the law in the UK, Germany, France, Italy, Switzerland, and, for example, Spain, the Netherlands, Poland, Lithuania, Russia, the US, or China. They further included the CISG, the UNIDROIT Principles of International Commercial Contracts and the

Principles of European Contract Law.

Corporate Responsibility in Transnational and International Law

Prof. Zachary Douglas


As the activities of corporations often trascend national frontiers and the consequences of such activities can be felt in a great number of States, there is increasing awareness that some form of supranational regulation of corporations is necessary in certain areas such as the protection of human rights and the environment and the fight against corruption. This course explored the theoretical difficulties in securing corporate responsibility within the framework of transnational law and international law as well as practical aspects of enforcing such responsibility in international law and national judicial fora.

International Intellectual Property Law

Prof. Yaniv Benhamou


The goal of this course was to explore and discuss the general principles and key instruments of international intellectual property law. This course also discussed the challenges of solving international intellectual property disputes before state courts or other dispute settlement bodies (including arbitration and alternative dispute resolution systems). It offered the possibility of analyzing substantive intellectual property law issues, procedural lawl and enforcement issues (including conflict of laws in intellectual property disputes) from a comparative perspective in the light of international legal instruments (specifically WIPO and WTO materials) and of case law coming from various legal systems (particularly North America, Europe and Asia).

Geoffrey Senogles, Vice-President, Forensic Accounting at Charles River Associates, delivered the workshop on financial damage analysis. Any lawyer working in arbitration, whether as counsel, arbitrator or arbitral secretary, will face quantum issues. The goal of this workshop was to provide insight into financial damage expertise from the perspective of a forensic accountant, who frequently acts as expert witness in international proceedings and previously dealt with financial aspects of mass claims at the United Nations Compensation Commission (UNCC).

Once again the MIDS was privileged to have the Foundation for International Arbitration Advocacy (FIAA) organize a two-day workshop in arbitration advocacy specifically designed for the MIDS students. FIAA is a Geneva-based foundation which is generally recognized to

provide the world’s best clinical training in arbitration advocacy. Following an introductory session, the students were taken through practical exercises of witness examination in small groups, recorded on video while conducting examinations and given immediate feedback. The FIAA advocacy faculty was lead by Prof. James Seckinger (FIAA Founder; Notre Dame Law School) and Sheila Block (FIAA Founder; Torys, Toronto), who were joined by arbitration practitioners from Europe, and Canada, including David Roney (FIAA Founder; Sidley Austin, Geneva), David Outerbridge (Torys, Toronto), Laurence Franc-Menget (Herbert Smith Freehills, Paris), Angeline Welsh (Matrix, London), Jean-Paul Dechamps (Freshfields Bruckhaus Deringer, London), Patrick Taylor (Debevoise & Plimpton, London), and Angélica André (White & Case, London).

David Roney and Tanya Landon

Opening statements, Professor James Seckinger Closing statements, Angélica André

Cross-examination, Jean-Paul Dechamps Cross-examination, Sheila Block

Examination-in-Chief, Professor James Seckinger Cross-examination, David Roney


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Seminars and lectures

As every year, the MIDS organized a number of seminars reserved to MIDS students on issues of particular interest and new developments. In 2015-2016, MIDS students broadened their knowledge on the International Tribunal for the Law of the Sea (ITLOS) with a seminar given by Prof. Tullio Treves (University of Milan; former Judge, International Tribunal for the Law of the Sea; Counsel, Curtis Mallet-Prevost Colt & Mosle). They also attended a seminar by Prof. Nicolas Michel (University of Geneva Law School; Graduate Institute of International and Development Studies) on Inter-State Mediation. Prof. Kun Fan (Associate Professor, McGill University) delivered a seminar on Arbitration in China; and Steffen Pihlblad and Henrik Gislov, from the Danish Institute of Arbitration delivered a seminar on arbitration in Denmark.

The academic year started with the CIDS Conference: “International Dispute Settlement at the Crossroads of Public and Private International Law” (25 September 2015).

The MIDS also organized public lectures where well-known academics and practitioners addressed a larger audience on current dispute resolution issues. Lucy Reed (Freshfields Bruckhaus Deringer, Singapore) delivered a MIDS lecture on “Abuse of (Due) Process in International Arbitration” (3 February 2016). Further, Meg Kinnear (ICSID Secretary-General) gave a MIDS Lecture on “The Challenge of Challenges in Investor-State Arbitration” (3 March 2016). Finally, ICJ Judge Christopher Greenwood spoke on “Applying International Law - Limits and Challenges” (28 April 2016).

The very first MIDS Q&A session with Star Arbitrators counted on Prof. Jan Paulsson (University of Miami; Partner, Three Crowns) who shared his vast experience and spoke on his book The Idea of Arbitration (2 February 2016).

At the Graduation Ceremony, on 15 September 2016, Prof. Ulrich Haas (University of Zurich), addressed the MIDS students elaborating on “Rio and dispute settlement in sports”. At the same ceremony, Ezequiel Vetulli delivered the student speech on behalf of the MIDS 2015-2016 Class.

Professor Nicolas Michel

Professor Tullio Treves

Professor Kun Fan

Professor Ulrich HaasJudge Christopher Greenwood

Meg KinnearProfessor Lucy Reed

Professor Horatia Muir, keynote speech at the CIDS conference


Professor Jan Paulsson

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Academic retreat

The two-day academic retreat was devoted to an arbitration competition similar to a moot court. It took place in a picturesque country setting in Château de Bossey, overlooking Lake Léman (28-29 January 2016).

The students were divided into teams of claimants and respondents, were handed out materials from an international commercial arbitration case, and prepared oral arguments well into the night of the first day. On the second day, they presented oral arguments before arbitral tribunals composed of practitioners including Dr Bernd Ehle (Lalive), Frank Spoorenberg (Tavernier Tschanz), Joachim Knoll (Lalive), Jean Marguerat (Froriep), Paolo Marzolini (Patocchi & Marzolini), Dr Dolores Bentolila (White & Case), Sabrine Schnyder (Sidley Austin), and MIDS faculty member, Prof. Thomas Schultz, as well as MIDS Lecturers Dr Réka Papp, Dr Mamadou Hébié, and María de la Colina.

The purpose was to develop skills in analyzing facts and evidence, building a strategy, designing a line of argumentation, practicing oral advocacy, and improving teamwork, all within limited time and with pressure evocative of reality.

a

Château de Bossey

Preparing the strategy

Prof. Thomas Schultz, Dr Dolores Bentolila and Frank Spoorenberg

Conferences

As a mandatory part of the curriculum, students attend two international conferences in international dispute settlement issues, one in Switzerland and another one abroad. The choice of conferences varies from year to year according to the offer and topics dealt with by different conferences and institutions. In 2015-2016 the following conferences were offered to the students:

• ASA General Meeting and Conference, “Domestic Arbitration Worldwide: What Works Best?” (Bern, 4 September 2015);

• University of Neuchâtel Conference on “New developments in International Commercial Arbitration in 2015” (Neuchâtel, 13 November 2015);

• 6th Milan Arbitration Chamber (CAM) Annual Conference, on “Mergers & Acquisitions” (Milan, 27 November 2015);

• 35th Annual Meeting of the ICC Institute World Business Law, on “Class & Group Actions in Arbitration” (30 November 2015);

• ASA Annual Conference 2016 on “Commercial Arbitration Involving States: Public Interests and Private Justice?” (Zurich, 22 February 2016);

• British Institute of International and Comparative Law (BIICL) 26th Investment Treaty Forum on “The Role of Proportionality in International Investment Law” (London, 9 May 2016);

• British Institute of International and Comparative Law (BIICL) 16th WTO Annual Conference (Geneva, 10 June 2016);

• XI Congreso Internacional del Club Español del Arbitraje (CEA) (Madrid, 12-14 June 2016).

35th Meeting ICC Institute World Business Law

5th CAM Annual Conference, Milan

26th BIICL ITF, London


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Study trips

Another mandatory component of the curriculum are the study trips to Paris and The Hague, and the site visits to WIPO and the WTO in Geneva.

Paris

On 30 November and 1 and 2 December 2015, the students visited the International Chamber of Commerce in Paris. The three-day trip to Paris included the participation in the 35th ICC Annual Meeting, the delivery of the second leg of the MIDS intensive course on ICC Arbitration at the facilities of the ICC in Paris, and the conduct of the final hearings of the MIDS ICC arbitration moot exercise.

On the first day, 30 November, the students attended the 35th Annual Meeting of the ICC Institute of World Business Law focused on “Class & Group Actions in Arbitration”.

The following two days, 1 and 2 December, Prof. Pierre Tercier led the visit to the ICC. Members of the ICC International Court of Arbitration Secretariat addressed the students on various topics: Dr Andrea Carlevaris, Secretary General, on “The ICC Court of Arbitration and its evolution”; José Ricardo Feris, Deputy Secretary General, on “The first decisions of the Court: Art. 6 and financial aspects”; Alexander G. Fessas, Managing Counsel, on “ICC Court decisions on draft awards”; Maria Hauser-Morel, Counsel for Eastern Europe, on “Multi-party and Multi-contract arbitration”; Ziva Filipic, Counsel, on “The control of the arbitrators: practical aspects”; Spela Kosak, Manager ICC Centre for ADR, on “The ICC Centre for ADR”.

The students also enjoyed a presentation delivered by practitioners such as Yves Derains, Partner at Derains & Gharavi, on “The ICC system: developments and future prospects”; and Nadia Darwazeh, Partner at Curtis, Mallet-Prevost, Colt & Mosle, on “Expedited proceedings”.

Andrea Carlevaris Study visit to the Peace Palace, The Hague

Study visit to Iran US Claims Tribunal

Judge Yusuf, in the Great Hall of Justice José Ricardo Feris

Yves Derains

The Hague

On 17-18 March 2016, the MIDS brought the students to The Hague where they visited the Peace Palace, attending presentations and meetings at the Permanent Court of Arbitration, the International Court of Justice, and the Iran-US Claims Tribunal. The study trip also included a networking social event with the counsel of all three institutions and Prof. David Caron, Judge Charles Brower, and Prof. Gabrielle Kaufmann-Kohler.

Diem Huong Ho and Rana Hatata, Assistant Legal Counsel at the PCA, gave an introduction to the Permanent Court of Arbitration.

The Vice-President of the International Court of Justice (ICJ), Judge Abdulqawi Ahmed Yusuf, welcomed the students in the ICJ Court Room at the Peace Palace and gave a presentation on the history and case law of the ICJ.

The trip ended with a visit to the Iran-US Claims Tribunal where Ana Morales Ramos, Legal Adviser to Judge Herbert Kronke, Hossein Piran, Legal Adviser to Judge Nikbakht, and Elle Gilley, Legal Adviser to Judge Rosemary Barkett, gave a presentation on the Tribunal case law and history.

Geneva

During the first semester, while attending courses on WTO Law at the University of Geneva and the Graduate Institute, the students visited the World Trade Organization on several occasions.

Towards the end of the year, the MIDS class also visited the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, where Ignacio de Castro, Deputy-Director, Judith Schallnau, Legal Counsel, and Jason Miller, Case Manager, gave a seminar on the Center and its rules.


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It is an important objective of the MIDS to offer effective individualized career services. Starting from week one, group meetings discussed career strategy, CV and cover letter drafting, professional networking and social media presence skills. Separate meetings focused on preparing an individualized career strategy improving how to present oneself, practicing networking skills, ensuring the professionality of one’s presence in social media, and drafting of an application letter and CV.

Throughout the academic year students were coached and trained for the job interviews to which they were invited. The preparation included mock interviews recorded on video, followed by feedback and debriefing sessions after the actual interview took place. These services were provided by the MIDS Executive Director Diego Gutiérrez.

Many MIDS students found positions for their ‘life after the MIDS’ before the end of the program. 80% of the 2015-2016 class were placed in law firms, arbitral institutions, and international organizations by the time the graduation ceremony took place (15 September 2016).

MIDS 2015-2016 graduates hold positions at the African Union (Addis Ababa); International Chamber of Commerce International Court of Arbitration (ICC, Paris); the International Court of Justice (ICJ, The Hague); the Permanent Court of Arbitration (PCA, The Hague); the Swiss Chambers’ Arbitration Institution (SCAI, Geneva); the United Nations Conference on Trade and Development (UNCTAD, Geneva).

A number of students found positions in law firms, including Allen & Overy (Paris); BonelliErede (Rome); Borris Hennecke Kneisel (Cologne); Cuatrecasas Gonçalves Pereira (Madrid); Curtis Mallet-Prevost Colt & Mosle (Geneva and Paris); Dechert (Paris); Dentons (Paris); Derains & Gharavi (Paris); Freshfields Bruckhaus Deringer (Frankfurt and London); Froriep (Geneva); Hanotiau & van den Berg (Brussels); Jones Day (Paris); Lalive (Geneva); Latham & Watkins (Paris); Lévy Kaufmann-Kohler (Geneva); Schonherr (Belgrade); Shearman & Sterling (Paris); Three Crowns (Paris); White & Case (Paris); and Winston & Strawn (Paris).


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Career serviCes

36 |

Some MIDS 2015-2016 students at work. On this page: Daniela Corchuelo, Soaad Hossam and Leonardo Lusvarghi (Lalive, Geneva); and Maria Kiskachi (PCA, The Hague). On the next page: Bérengère Henrio (ICC, Paris); Vanessa Zimmermann de Meireles (Borris Hennecke Kneisel, Cologne); Guillaume Guez (ICJ, The Hague); Raphaël Chikli (Curtis Mallet-Prevost Colt & Mosle, Paris); Pratyush Panjwani (Hanotiau&van den Berg, Brussels); Bethlehem Asmamaw (African Union, Addis Ababa); Hristina Todorovic (Schonherr, Belgrade); and Ezequiel Vetulli (Freshfields Bruckhaus Deringer, London).

Professional anD soCial evenTs

A successful educational experience is not only about academic content. It also requires the right atmosphere, friends to share experiences with, and occasions to enjoy a year away from professional constraints. For the students it is also important to build contacts for the future. To meet these expectations, the MIDS organized a number of social events, including welcome and farewell dinners, the Escalade evening, and several cocktail receptions. Some of these events were attended by many of the key actors in the Geneva community of international dispute settlement, allowing for networking. The students also enjoyed the traditional asado organized by Prof. Marcelo Kohen and the International Law Department of the Graduate Institute. Trips provided further opportunities to socialize, and have interviews with potential employers.

MIDS 2015-2016 students also attended a number of events organized by the University of Geneva and the Graduate Institute, the Geneva ASA local group, young practitioner groups such as ICC-YAF, and others including the following:

• World Trade Organization Public Forum on “Trade Works” (Geneva, 30 September - 2 October 2015);

• ASA Geneva event on “Admissibilité et légitimité des procédures arbitrales parallèles ou succesives” (Geneva, 1 October 2015);

• CIDS PhD seminar with Dafina Atanasova on “Conflict of treaty-norms in investment arbitration” (Geneva, 13 October 2015);

• ICC YAF event at LALIVE on “TTIP negotiations: investor-State is taken to court” (Geneva, 29 February 2016);

• CIDS PhD Seminar with Blerina Xheraj on “The Europeanisation of investment arbitration” (Geneva, 2 March 2016);

• 9th CTEI Annual Update on WTO Dispute Settlement (Geneva, 21 March 2016);

WTO Public Forum 2015

• CIDS PhD seminar with Josef Ostransky on “The State regulatory powers in international investment arbitration: a theory of deference” (Geneva, 17 May 2016);

• CIDS ICDR Y&I Swiss Chalet Debate on “Early Case-Assessment - Blessing or Curse? and Loser Pays - What About the Success Fees?” (Geneva, 24 May 2016);

• LCIA Seminar at LALIVE on “The efficiency and effectiveness of arbitration” (Geneva, 27 June 2016);

• CEA Videoconference at Schellenberg Wittmer on “Arbitraje y derechos humanos: arbitraje comercial, de inversión y deportivo” (Geneva, 11 July 2016);

• LALIVE Lecture by Sir Michael Wood on “Choosing between arbitration and a permanent court - lessons from Inter-State cases” (Geneva, 12 July 2016);

• ICC YAF on “Tribunal-Assisted Settlements in international arbitration” (Zurich, 19 September 2016);

A group of MIDS 2015-2016 students acted as arbitrators in the Willem C. Vis International Commercial Arbitration Moot in March 2016 in Vienna, specifically, Juan Montalvo, and Ezequiel Vetulli, together with MIDS alumni Nora Fredstie (Latham & Watkins, Paris), Yuri Mantilla and Kevin Clement (Freshfields Bruckhaus Deringer, Paris), Anina Liebkind (Baker & McKenzie; Stockholm), Kateryna Bondar (Gentium, Geneva), Jimmy Skjold Hansen (Plesner, Copenhagen); Fernando Pérez Lozada (Mayer Brown, Paris); Anna Bilanova (Government Czech Republic); Alexandre Lercher (Université Paris-Dauphine, Paris); Anna Kozmenko (Schellenberg Wittmer, Zurich), and the MIDS Lecturer, Dr Réka Papp.

A group of students formed a MIDS Team to run the well-known Escalade race in Geneva (4 December 2015): Abhileen Chaturvedi, Sharad Bansal, Raphaël Chikli, Estefanía Contreras, Daniela Corchuelo, Stuti Gadodia, Guillaume Guez, Panagiotis Kyriakou, Blanca

Martínez, Pratyush Panjwani, Ashutosh Ray, Irina Samodelkina, and MIDS alumni Sebastian Wuschka, Yolande Lagrange and Lucie Béquet.

Paris arbiTraTion aCaDeMy

Recognizing the importance of the Arbitration Academy, the MIDS provided a scholarship to support a student attending the summer course and delivered a presentation to the students attending the Arbitration Academy in the summer of 2016 in Paris. The presentation, delivered by Diego Gutiérrez, took place at the premises of the ICC.

iasC - MaDriD

The MIDS also supported the organisation of the first edition of the International Arbitration Summer Course Madrid (IASC-Madrid), organized on 18-23 July 2016, in Madrid. IASC-Madrid featured an intensive week of training with an outstanding faculty composed of reputed below-40 practitioners and arbirators.

Diego Gutierrez at the Paris Arbitration Academy

First CIDS PhD Seminar

CIDS ICDR Y&I Swiss Chalet Debate


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MIDS runners at the Escalade race

The Graduation Ceremony for the MIDS 2015-2016 took place on 15 September 2016 at the Maison de la Paix, the Graduate Institute headquarters.

Professor Zachary Douglas opened the ceremony and gave the floor to Professor Philippe Burrin, Director of the Graduate Institute of International and Development Studies, who spoke also on behalf of the University of Geneva.

This year’s guest speaker, Professor Ulrich Haas, delivered the keynote speech on “Rio and Dispute Settlement in Sports”.

On behalf of the 2015-2016 batch, Ezequiel Vetulli gave the student speech bringing memories of an intense year at MIDS. Finally, Professor Laurence Boisson de Chazournes handed the diplomas to the MIDS graduates.

CiDs-MiDs sTaff uPDaTe

After two or three years at MIDS, lecturers move on to another step in their professional careers. At the end of the first semester, in early 2016, Mamadou Hébié left the MIDS to become Assistant Professor at Leiden University. María de la Colina, a PhD Candidate at the Graduate Institute, took over as MIDS lecturer for public international law, joining Réka Papp who had been the lecturer for private international law since 2013-2014.

Both María de la Colina and Réka Papp left the MIDS at the end of the 2015-2016 academic year. Réka Papp joined the arbitration practice of Professor Pierre Tercier, and María de la Colina became an associate with Curtis Mallet-Prevost Colt & Mosle in Geneva.

The MIDS is tremendously grateful to Réka Papp, María de la Colina and Mamadou Hébie for their outstanding contributions to the MIDS LL.M.

Brian McGarry and Josef Ostransky took over as MIDS lecturers in September 2016. Both are PhD candidates at the University of Geneva and the Graduate Institute respectively and former MIDS students.

Mariona Cusí has also joined the MIDS staff from September 2016 as the new Deputy Executive Director. She was previously with UNCTAD for the last three years.

MiDs aluMni uPDaTe

For 279 talented women and men so far, the MIDS was a life changing experience. They benefited from top level specialized education that opened the door to a career in international dispute settlement.

Many of them have joined leading law firms in major arbitration centers, such as Paris, London, Geneva, Singapore or New York. Others practice international dispute settlement in their home countries, including Albania, Argentina, Australia, Belgium, Brazil, Canada, Chile, China, Czech Republic, Cyprus, Denmark, Ecuador, Egypt, El Salvador, Ethiopia, France, Germany, Georgia, Greece, India, Indonesia, Italy, Kazakhstan, Korea, Lithuania, Mexico, Poland, Romania, Russia, Singapore, Slovakia, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States of America, or Uzbekistan.

A number of MIDS graduates hold positions at universities, for instance in Chile, Ethiopia, Mexico, Turkey, or Ukraine; in governments in countries including for instance Argentina, Armenia, the Czech Republic, Egypt, or Georgia; in national or regional arbitral institutions such as ICSID, the ICC International Court of Arbitration, the Dubai International Arbitration Centre, the Georgian International Arbitration Centre, the Kuala Lumpur Regional Centre for Arbitration, the LCIA-Mauritius International Arbitration Centre, the Singapore International Arbitration Centre; and at NGOs like Oxfam International.

Yet others have started a career as legal officers at international courts and international organizations such as the African Union, the European Court of Human Rights, the European Union, the International Court of Justice, the Permanent Court of Arbitration, the Iran-US Claims Tribunal, the United Nations Economic Commission for Africa, UNCTAD, the World Bank, the WTO or WIPO.

Josef Ostransky, Mariona Cusí and Brian McGarry

MiDs 2015-2016 graDuaTion


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Professor Boisson de Chazournes and Sharad BansalProfessor Philippe Burrin

Professor Zachary Douglas Ezequiel Vetulli

IV. New Developments

The 2017-2018 edition of MIDS will mark its tenth annivesary, and will be celebrated in September 2018 with an international conference and alumni/faculty reunion.

MIDS intensive course professors returning to the program will include Prof. Anthea Roberts lecturing on Investment Treaty Law and

Arbitration, and and Prof. Raúl Vinuesa on Arbitration in Latin America. Prof. Luke Nottage (University of Sidney) will join the MIDS for the first time with a course on Law and Investment Arbitration in Asia.

The MIDS Q&A sessions for Star Arbitrators will count on Prof. Pierre Mayer.

2016-2017

2017-2018



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The MIDS 2016-2017 edition has started with 37 students from 17 countries. This ninth edition of the MIDS brings some faculty members back to the program such as Prof. Emmanuel Gaillard for his course on ICSID Arbitration, Prof. Eduardo Silva Romero on Arbitration in Latin America, and Prof. Lu Song with a course on Arbitration in China.

Alexis Mourre (President, ICC International Court of Arbitration) has delivered the MIDS opening lecture of this academic year speaking of “Arbitration Politics”. The other MIDS lectures will be delivered by ICJ Judge Xue Hanqin and Prof. Jose Alvarez (New York University).

On the occasion of a joint conference CIDS-FIAA on “Advocacy in different fora: Innovation through cross-fertilization?” the MIDS alumni will have their second reunion in Geneva.

The second edition of the MIDS Q&A sessions for Star Arbitrators will feature Prof. Brigitte Stern, who will share with her views on the evolution of investment arbitration and her vast experience in international dispute settlement.

Three recent innovations will continue in place in

light of their success so far: the MIDS - Young ICCA Scholarship, a merit-based scholarship covering the tuition fees for an outstanding Young ICCA candidate; the cooperation with Tsinghua University Law School, allowing two of Tsinghua’s best students to join the MIDS; and the MIDS-PCA Fellowship program, by which a MIDS student of the current batch will join the PCA’s International Bureau as Assistant Legal Counsel for one year.

The academic year 2016-2017 will also mark the start of a cooperation agreement with the National University of Singapore (NUS) establishing a dual degree by which students of either institution, having completed a first degree (be it the MIDS or NUS LLM in international dispute resolution), will be admitted to continue their studies at the other institution for one additional semester, obtaining both degrees.

Finally, this new edition of the MIDS welcomes two new MIDS Lecturers, Brian McGarry and Josef Ostransky, and a new Deputy Executive Director, Mariona Cusí.

V. The CIDSV. The CIDS

Purpose

The Center for International Dispute Settlement (CIDS), a joint center of the Graduate Institute of International and Development Studies and the University of Geneva, is devoted to research activities and provides a platform for high level exchanges on cutting edge issues in contemporary dispute resolution. Its main objectives are:

• To provide an intellectual home for scholars, PhD and MIDS students engaged in research in international dispute settlement in Geneva;

• To engage in and coordinate collaborative research projects; • To run seminars for doctoral students from Geneva and elsewhere to

allow them to share research results and views; and,• To organize academic conferences as well as expert colloquia.

The CIDS is placed under the leadership of Prof. Zachary Douglas and Prof. Gabrielle Kaufmann-Kohler.

Activities in 2015-2016


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Research

Reform of ISDS

The CIDS produced the first comprehensive legal analysis on the reform of investor-state dispute settlement. The report was co-authored by Prof. Gabrielle Kaufmann-Kohler and Dr Michele Potestà, with the assistance of Clément Bachmann and Blerina Xheraj (PhD Candidates at the University of Geneva) and Sean McCarthy (MIDS ‘15).

The report entitled “Can the Mauritius Convention serve as a model for the reform of investor-State in connection with the introduction of a permanent investment tribunal or an appeal mechanism?” was presented as a possible topic for future work at the 49th session of UNCITRAL on 9 July 2016 in New York.

The paper seeks to analyze whether the Mauritius Convention on Transparency could provide a useful model for broader reform of the investor-State arbitration framework. To this end, it proposes

a roadmap that could be followed if States were to decide to pursue a reform initiative aimed at replacing or supplementing the existing investor-State arbitration regime in international investment treaties with a permanent tribunal and/or an appeal mechanism.

So far the report has received considerable attention at numerous colloquia and conferences. It has been and will be discussed at:

• IBA Annual Conference 2016, Washington, 22 September 2016 (Prof. Gabrielle Kaufmann-Kohler as speaker);

• American University, Washington D.C., 13 October 2016, Colloquium on “Reform of ISDS: UNICTRAL-CIDS investment court project” (Dr Michele Potestà as speaker);

• Columbia International Investment Law and Policy Speaker Series, New York, 17 October 2016, “Accountability of Arbitrators in Investor-State Dispute Settlement” (Prof. Gabrielle Kaufmann-Kohler as speaker);

• CEA-40, Corte Arbitraje de Madrid, 20 October 2016, “Settlement of Investment Disputes: At a crossroads” (Prof. Gabrielle Kaufmann-Kohler as speaker);

Prof. Kaufmann-Kohler speaking at the 49th session of UNCITRAL in New York

• King’s College London, 21 October 2016, workshop on “Multilateral Investment Tribunal” (Dr Michele Potestà as speaker);

• UN International Law Week, New York, 24 October 2016, panel on “Reforming investor-State dispute settlement system: the way forward”(Prof. Kaufmann-Kohler as speaker);

• Vienna Arbitration Days, 24-25 February 2017, “Repositioning Arbitration” (Dr Michele Potestà as speaker);

This is an ongoing research project. A second research project is currently in progress on the composition and operation of international courts and tribunals. Preliminay findings will be presented during a government expert meeting on the reform of ISDS to be held in Geneva in March 2017. Such meeting will be hosted by the Swiss Government and co-organized by UNCITRAL and the CIDS. The full report will be submitted to UNCITRAL before the July 2017 session.

The Impact of International Investment Arbitration on Governance in Argentina, Czech Republic, India and Mexico

This SNF funded CIDS project reached its final stage. The research team is headed by Prof. Zachary Douglas (Graduate Institute) and Prof. Shalini Randeria (Institute for Human Sciences, in Vienna).

Unlike other research that has focused exclusively

on the economic effects of investment treaties, the project seeks to examine the impact of investment treaties on governance. It involves a detailed field analysis of the workings of investment treaties and disputes in four countries. Using qualitative methods of social anthropology, it is primarily based on interviews of public officials, lawyers, members of NGOs and the civil society in order to understand how perceptions about investment treaties and arbitration create and influence domestic policy and decision-making. In its final stages, the project is now moving towards the publication of a book in 2017.


The CIDS aims at offering an academic ‘home’ for PhD students working in the field of international dispute settlement. For that purpose, doctoral seminars take place about every 2-3 months. The organization of the seminars is supported by a grant of the Rectorat of the Geneva University. They are placed under the responsibility of Clément Bachmann (Assistant, University of Geneva) and one MIDS lecturer (successively Mamadou Hébié, María de la Colina and Josef Ostransky) under the supervision of Prof. Gabrielle Kaufmann-Kohler.

The first of these seminars gathered 20 doctoral students from Geneva University, the Graduate Institute and other Swiss universities. Dafina Atanasova (PhD Candidate, University of Geneva) delivered a presentation on her thesis topic entitled “Conflict of Treaty-norms in investment arbitration” which was followed by a discussion (13 October 2015).

At the second seminar, Blerina Xheraj (PhD Candidate, University of Geneva), presented her research on “The Europeanisation of investment arbitration” (2 March 2016).

A third seminar was conducted by Josef Ostransky (PhD Candidate, Graduate Institute of International and Development Studies) who spoke on “The State regulatory powers in international inverstment arbitration: a theory of deference” (17 May 2016).


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CIDS - ICDR Y&I

On 24 May 2016, the CIDS co-organized the second Swiss Chalet Debate with ICDR Young & International following the traditional coffee-house debates format. The debate centered around two topics: “Early Case Assessment - Blessing or Curse” and “Loser Pays - What About the Success Fees?”.

Speakers included Prof. William Park (Boston University), Dorothee Schramm (Partner, Sidley Austin, Geneva), Melissa Magliana (Counsel, Homburger, Zurich), Anna Kozmenko (MIDS ‘09; Senior Associate, Schellenberg Wittmer, Zurich), Catherine Kunz (Associate, Lalive, Geneva), Katie von der Weid (Associate, Sidley Austin, Geneva), and Sergey Usoskin (Attorney, Double Bridge Law, Moscow).

•

So far, besides the government expert meeting in March 2017 and the continuation of the research on the reform of ISDS (see p. 46 above), a CIDS-FIAA conference and a series of doctoral seminars are planned. Research is also planned on multiple proceedings in international arbitration and applications for collaborative research under the aegis of the CIDS have been filed or are in preparation.

FIAA-CIDS Conference

The Foundation for International Arbitration Advocacy (FIAA) will celebrate its 10th anniversary in 2017. On this occasion, FIAA and the CIDS, will organize a conference in Geneva on “Advocacy in different international fora: Innovation through cross-fertilization?”. The conference will take place at Maison de la Paix, on Friday, 27 January 2017.

It will explore advocacy styles and techniques before different international courts and tribunals, identify differences and commonalities, understand their reasons, and examine potential for cross-fertilization, with the aim of improving dispute settlement methods.

Speakers include Christopher Greenwood (keynote), Gabrielle Kaufmann-Kohler, David Roney, Lucy Reed, Paul Reichler, Cherise Valles, Isabelle Michou, Jean Kalicki, Loretta Malintoppi, David Unterhalter, Andrew McDougall, Andrea Menaker, Samuel Wordsworth, Nicolas Lockhardt, and Zachary Douglas.

Given that FIAA delivers the MIDS advocacy workshop on “Questioning of fact witness in international arbitration”, MIDS students and graduates are at the same time alumni of FIAA. The FIAA-CIDS conference will thus serve as an opportunity to host a second MIDS alumni reunion.


After the success of the first PhD seminars in 2015-2016, the series will continue in 2016-2017. Confirmed presenters include PhD candidates Chuck Wu (Graduate Institute of International and Development Studies) on “The relevance and shortcoming of principal-agent theory in understanding WTO dispute settlement provisions - a preliminary analysis” (29 November 2016); Sonja Heppner (Trinity College Dublin) on “The First Amendment and a right of public access to investor-State arbitration” (8 December 2016); Brian McGarry (University of Geneva) on “Third party intervention in inter-State adjudication” (February 2017); Florence Jaeger (University of Basel) on “The law applicable to the arbitration agreement” (March 2017); María de la Colina (Graduate Institute of International and Development Studies) on “Doctrine of discretion in international adjudication” (April 2017); and Michal Swarabowicz (Graduate Institute of International and Development Studies) on “Admissibility of claims in international investment law” (May 2017).

Activities in 2016-2017

Dr Michele Potestà speaking at the 49th session of UNCITRAL in New York

Thank you!

The success of CIDS-MIDS is the result of combining a world-class faculty, outstanding students, a dedicated staff, and two internationally renowned academic institutions. It is also due to the help of many who are not named in this report but whose contribution is indispensable. Be they in Geneva, Frankfurt, London, Milan, Neuchâtel, Fribourg, Paris, The Hague, or elsewhere, they deserve our utmost gratitude:

Sylvette Abenzoar, Daniel Agulleiro, Laurence Algarra-Al Madhoun, Edgardo Amato, Geneviève Auroi-Jaggi, Danièle Avanthay, Tatiana Avanthay, Stefano Azzali, Anicet Banka Bigero, Martine Basset, Nathalie Bauer, Viviane Belarmino da Silva, Katharine Bernet, Andrea Bianchi, Sylvia Biro,Vilmante Blink, Wilma Broekarts, Jansen Calamita, Concepta Canale, Dimitri Cattiaut, Nadia Ceccon, Catherine Cervantes, Jasmine Champenois, Bruno Chatagnat, Christine Collet Mendy, Vitor Costa, Jacqueline Coté, Géraldine Cour, Yves Corpataux, Emma Cranfield Perin, Anne-Catherine Crottaz, Jean-David Curchod, Ruben da Silva Sampaio, Solène Debely, Philippe de Castro, Ahidoba de Franchi, Songea Dehne, Suzanne de Jonckheere, Vanessa de Melo, Johan den Arend, Hugo de Oliveira, Dany Diogo, Dimitri Donzé, Christophe Duchosal, Benjamin Dwornik, Paola Eicher, Marie-Pierre Flotron, Frederic Forrat, Nicolas Frautschi Williner, Paola Gaeta, Christel Gallay Caudet, Wilfred Gander, Vincent Gessler, Didier Gfeller, Antonella Ghio, Bénédicte Gilbert, Anouk Gillabert, Rico Glaus, Stephanie Goubelle, Sandro Grisson, Stéphanie Hausherr, Suzanne Hofmann, Jennifer Hou, Sophie Huber Kodbaye, Kamelia Kemileva, Sonia Kessler, Déborah Kestener, Jean-Jacques Kronneberg, Mylin Koebele, Arnaud Labesse, Jacques Lambert, Marie-Laure Lehnig, Vanessa Le Thanh, Carine Leu-Bonvin, Kristen Linch, Laetitia Lisena, Corinne Llorente, Claudia Mansaray, Lorena Martignoni, Silvia Mazzeo, Alexander McLin, Mathieu Mégroz, Neil Mills, Catherine Morel, Christophe Müller, Caroline Nierle, Maire Ni Mhaidin Kiiamov, Anne-Céline Pasquier, Françoise Pasquier, Christine Passerat, Nicola Petruzzelli, Marielle Pun, Deepak Raju, Daniela Renggli, Isabelle Rivière, Yannick Rivière, Virginie Rogala, Marta Rosa, Gemma Rosell, Robert Roth, Irene Rotondi, Jeanne Ruch, Jason Rudall, Stella Sager, Mattia Salamanca Orrego, Henry Salvador, Ruben Sampaio, Jasmine Sansonnens, Antonio Santangelo, Lucia Santucci, Claudia Saviaux Druliolle, Mallory Schaub-Geley, Céline Sclavo, Stéphanie Schmid, Eric Sévérac, Samuel Sobrino, Ruggero Soldini, Gregory Suter, Marguerite Tadorian, Valérie Thabuis, Jessica Thibault, Dougal Thomson, Philippe Tinguely, Nathalie Trunk, Diane Valk-Schwab, Aisling Vaughan, Sophie Vuetaz, Henri Wacongne, Angelica Zanninelli and Weiwei Zhang.

Annual Report | CIDS-MIDS 2015 - 2016

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