Reforming investor-state dispute settlement: Investment courts, other alternatives, and China's role

31 July 2018


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Reforming investor-state dispute settlement (ISDS): Investment courts, other alternatives, and China's role

Speaker: Professor Matteo Vaccaro-Incisa, IESEG School of Management and Carnelutti Law Firm

Flaws -true and perceived- of investment arbitration brought UNCITRAL to entrust, in July 2017, its Working Group III with the evaluation of need -and, in case, extent- of reforming the ISDS system as a whole. In the meantime, the EU and certain influential arbitrators are attempting to steer the ISDS reform debate, with partly overlapping proposals pivoting around the idea of creating a new international court to either complement or substitute altogether the current arbitration system. Moving from the positions officially expressed by States this far (and in particular the potential role of China), this presentation reviews both proposals and explores a third one (based on the institutionalization of the involvement of ICJ judges in the review of investment awards).

About the speaker

Dr. Matteo Vaccaro-Incisa is professeur-chercheur of international law and international dispute settlement at IESEG School of Management, and international arbitration of counsel at Carnelutti Law Firm. As academic, Matteo has authored several contributions on international law and dispute settlement, as well as European relations, politics, and law, presented in numerous institutions (e.g., Chinese University of Hong Kong, Moscow State University, Melbourne Law School, University of Buenos Aires, Bocconi University, University of Belgrade, University of Warsaw). Chief regional areas of research are the EU, China, and Southeast Asia (including a forthcoming book on China's treaty policy and practice in international investment law and arbitration, Brill). Member of ILA, ESIL, SIEL and IBA. Board Member of GLN. As practitioner, further to an extensive experience in negotiating and drafting international contracts (services and construction), and transnational litigation (media & TLC), he participated in several arbitral proceedings, domestic (Italy) and international (ICSID, UNCITRAL), as party counsel or assistant either to the tribunal as a whole or its individual members, specifically on jurisdictional and interpretive issues, and comparative analyses of States' investment treaty practice. Principal regional areas of practice are the EU, the Western Balkans, and Latin America. Since 2015, he is indicated in the list of foreign arbitrators of the Belgrade Arbitration Center.


Commentators: Profs Vivienne Bath and Luke Nottage, The University of Sydney Law School

CPD Points: 1


This seminar is proudly sponsored by the Centre for Asian and Pacific Law (CAPLUS).


Time: 1-2pm (light refreshments from 12.30pm)

Location: Common Room, Level 4, New Law Building (F10), Eastern Avenue, Camperdown, University of Sydney

Cost: Complimentary, however registration is essential.

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 3d29464b06070b3c0546284b400945262a77010e1d690b33