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PRESENTED BY MIAS
IN PARTNERSHIP WITH ICSID

Venue Host:

CLE pending

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Speakers

[To be announced]

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Join us for a day packed with debate, discussion and presentations from some of the leading Arbitrators and international trade dispute resolution experts from around the world.

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Light breakfast
Registration and Networking
8:00 – 9:00 a.m.

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Welcome Remarks & MIAS Writing Competition Winner Announcement

Welcome Remarks Francisco A. Rodriguez, MIAS Chair 2026, Partner, Reed Smith and a representative from University of Miami School of Law

9:00 – 9:15 a.m.
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Panel Discussion
Contract Claims vs Treaty Claims, NAFTA Legacy Cases, and the New Generation of Investment Treaties

Investor-State dispute settlement is at an inflection point, being reshaped simultaneously from multiple directions: the proliferation of investment contract claims as an alternative to treaty-based arbitration; a new generation of investment treaties seeking to recalibrate the balance between investor protection and State regulatory authority; and significant shifts in the political landscape of Latin America, where some States that had stepped back from the system are now re-engaging with it.

This opening panel will examine these three developments and their practical implications for practitioners, arbitrators, and government representatives. Panelists will also consider the practice of States issuing binding joint interpretations of investment treaty provisions and its implications for pending and future disputes.

9:15-10:40 a.m.
 
Coffee Break and Networking
10:40 – 11:10 a.m

 

Keynote Address

Martina Polasek, Secretary General, ICSID

11:10 a.m. - 12:10 p.m.

 

Lunch and Tylney Hall-style symposium

“The Seven Deadly Sins of Arbitrators in Damages Awards”

 

In the spirit of the Tylney Hall tradition, a frank and open discussion on the most recurring — and consequential — errors arbitrators make in damages awards, drawing on the hard-won experience of practitioners, experts, and arbitrators in the room. Candor encouraged.

12:10 - 2:05 p.m.

 

Coffee Break and Networking
2:05 – 2:35 p.m

 

Debate: The New Procedural Rules In Practice

This panel will examine how the latest procedural innovations are being applied in practice, with particular emphasis on the revised 2022 ICSID Arbitration Rules. The discussion will explore one or both of the following topics, to be defined by the moderator:

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  1. ICSID Rule 41: The debate will explore whether Rule 41 has fulfilled its promise as a tool for early and efficient justice, or whether its application in practice has fallen short — burdening proceedings rather than streamlining them.

 

  1. Security for Costs: The debate will examine whether security for costs has emerged as a legitimate safeguard against abuse, or whether it has become a procedural weapon that disproportionately disadvantages claimants with fewer resources.

 

Proposition I: “Rule 41 has become an indispensable procedural tool that enhances efficiency and legitimacy in investor-State arbitration.”

Proposition II: “Security for costs orders in investor-State arbitration are a necessary and proportionate safeguard against abuse, and tribunals should apply them more readily than they have to date."

2:05 - 4:05 p.m.

 

Closing Remarks

Manuel Gomez, MIAS Chair Elect and Law Professor and Associate Dean, FIU College of Law

4:05 – 4:15 p.m.

 

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It's going to be a great day!

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Program

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Supporting Organizations
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LISA2022  Opening Remarks and ICSID Commentary
30:11
LISA2022 1st Debate | Proposition: Dual nationals are appropriate claimants in ISDS
01:22:54
LISA2022 2nd Debate | LatAm should follow Europe’s lead ...investment court with appellate recourse
01:32:37
LISA2022 Keynote and Interview with Juan Fernandez-Armesto
01:02:44
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