Current Issues on Third-Party Funding in International Arbitration
Date and Time: Tuesday, February 21, 2017 @12:30 to 2:00pm.
Definition of third-party funding;
Examination of recent treaty practice with reference to provisions on TPF and funder definitions;
Survey of various ways in which third-party funding agreements are being structured;
Review of some of the risks that arise in third-party funding agreements, e.g. financial risks, dispute resolution systemic risks, behavioral risks, and regulatory compliance risks;
Examination of the relationship between funder and law firm: the funder as co-counsel or co-advisor;
Survey of recent investor-state arbitrations where the funder has essentially become the client, in one manner or another;
Increasing availability of Arbitration Proceedings Award Default (APAD) Insurance;
- Non-Section Member $25.00
- Group Teleconference (Info will be e-mailed): $25.00
- Teleconference (Info will be e-mailed): $10.00
- Government or Non-Profit Employee: $15.00
- Inter-American Bar Association, D.C. Chapter: $15.00
- International Law Section $15.00
- Law students (provide proof of current law student status): $10.00.
Joint Stock Corporation: A New Structure for Doing Business in the Americas
February 17, 2017
The Inter-American Juridical Committee (IAJC), which is the legal advisory organ of the Organization of American States (OAS), has approved a Model Law for the Simplified Company that was inspired by the successes of the Law of the Simplified Corporation of 2008 of Colombia. The Model Law is currently before the OAS political body (Committee on Juridical and Political Affairs of the Permanent Council) for its consideration.
Jeannette Tramhel provided an overview of the Model Law and how it may serve as a tool in encouraging a shift from the informal into the formal sector, with benefits to individual businesses and society as a whole. By simplifying incorporation, many countries in the Americas could improve the business environment for MSMEs, improve access to credit and thereby stimulate economic growth and development.
Jeannette Tramhel has been involved in private international law, commercial, business and trade law for over 20 years as a practicing lawyer and staff member of the OAS and UNCITRAL. She holds an LL.B. from Queen’s University in Canada, an LL.M. from Georgetown University (with distinction) and is a member of the bar in Ontario and New York.
Location: Porter, Wright, Morris & Arthur LLP, located at 1900 K St NW #1110, Washington, DC 20006. Attendees must proceed to the security desk at the ground floor reception desk in the main lobby of the building and bring photo ID.
Recent Lessons on Treaty Shopping and the Establishing of an Investment
January 25, 2017
The DC Bar’s International Law Section’s International Investment & Finance Committee panel titled “Recent Lessons on Treaty Shopping and the Establishing of an Investment.” Speakers Timothy Nelson of Skadden Arps, Herfried Wöss of Wöss & Partners, and Janis Brennan of Foley Hoag, moderated by Paolo de Rosa of Arnold & Porter, to learn about the elements of structuring a transaction with treaty and dispute resolution protections in mind and the impact of current jurisprudence.
Event Description: This panel focused on recent issues relevant for, on the one hand, structuring transactions to benefit from treaties and dispute resolution forums and, on the other hand, allegations of abuse based on treaty-shopping in international investment law. In particular, the discussion will focus on current developments related to the definition of “investment” and “protected investor,” and will seek to respond to questions of permissible corporate restructuring and veil piercing for purposes of treaty shopping.
All the panelists are renowned active practitioners in the field of international investment and commercial arbitration. They will touch upon cutting-edge issues that they encounter in their practice including the following topics:
- Definition of ”treaty shopping“ and the variegated meanings that it can take;
- Different understandings of “treaty shopping” from the viewpoints of corporate investors, the host State, and other stakeholders;
- The structuring and re-structuring of investment decisions by means of establishing or transferring an investment to a treaty-protected jurisdiction; the legitimate considerations of the investor as well as the host State will also be analyzed in view of recent important international investment arbitration cases;
- A review of the extant doctrines to address “treaty shopping,” including but not restricted to the doctrine of ”abuse of rights” and the doctrine of “fraudulent assignment of claims;” and
- Finally, the panelists will look into the requirements established by recent decisions concerning effective management of an investment, as well as criteria related to the place of incorporation, the corporate forms adopted, the real economic connections to the situs, and other considerations related to the treaty protection of an investment.
Location: Arnold & Porter Kaye Scholer LLP, 601 Massachusetts Ave., NW, Washington, DC 20001-3743 (Paul Porter Conference Room on the 11th floor).
Sponsored Organizations: This program is sponsored by the International Investment and Finance Committee of the D.C. Bar International Law Section; and cosponsored by the International Dispute Resolution Committee of the D.C. Bar International Law Section, and the Inter-American Bar Association (IABA), D.C. Chapter.
Moderator: Paolo Di Rosa, Arnold & Porter LLP (http://www.arnoldporter.com/en/people/d/di-rosa-paolo).
Speakers: Janis Brennan, Foley Hoag LLP (http://www.foleyhoag.com/people/Brennan-Janis); Timothy G. Nelson, Skadden, Arps, Slate, Meagher & Flom LLP (https://www.skadden.com/professionals/timothy-g-nelson); & Herfried Woss, Wöss & Partners, PLLC (http://www.woessetpartners.com/BackOffice/pdf/9.pdf).
Indian National Bar Association’s 67th Constitution Day Conference
November 26, 2016
The IABA-DC collaborated with the Indian Bar Association to promote the 2016 Constitution Day Conference. Check out this fascinating panel on Evolving Cyber Crimes and Recent Regulatory Developments.
Check out the video and click the link below for more pictures.
The Inter-American Bar Association (IABA), D.C. Chapter, organized the Latin-American & Caribbean Law Students Welcome Reception, for students starting their studies at prestigious universities such as American University Washington College of Law, Georgetown University Law Center, and George Washington University Law School. The Reception was held at the Organization of American States (OAS) Secretariat Building and counted with the participation of Gustavo Palacios, Ecuadorian Diplomat and Professor at the University of Kentucky, as our keynote speaker. This important event was made possible with the support of Dechert LLP, Freshfields Bruckhaus Deringer, Dentons, and Arnold & Porter.