Panel 4: Rebalancing the Investment Arbitration Regime: Implications for International Commercial Arbitration
Professor Emmanuel Gaillard
Shearman & Sterling LLP, University of Paris XII
Professor Emmanuel Gaillard heads Shearman & Sterling's International Arbitration practice. His practice covers both commercial and Investor-State arbitration, ad hoc and under all major international arbitration rules. He has acted as counsel and as arbitrator in hundreds of international arbitrations. He also regularly appears as expert witness on arbitration law issues, before arbitral tribunals and national courts.
Gaillard has written extensively on all aspects of arbitration law, in French and in English. His publications include a leading treatise, Fouchard Gaillard Goldman On International Commercial Arbitration (Kluwer, 1999), the first published essay on the Legal Theory of International Arbitration, based on his course at The Hague Academy of International Law (MartinusNijhoff, 2010; also published in French, Arabic, Chinese and Spanish) as well as two volumes dedicated to the International Centre for Settlement of Investment Disputes (ICSID) case law, La Jurisprudence du CIRDI (Pedone, 2004 and 2010).
Gaillard teaches International Arbitration and Private International Law at Paris XII University. He is an Agrégé des Facultés de droit and holds a Ph.D. from Pantheón-Assas University (Paris II). He chairs the International Academy for Arbitration Law. He is widely recognized as a leading expert on international arbitration, including investment arbitrations conducted under the auspices of ICSID.
Mark A. Clodfelter
Foley Hoag LLP
Mark A. Clodfelter is a partner at Foley Hoag, LLP, Washington, D.C. and has more than twenty-five years of private and public practice experience involving investor-State, State-to-State and commercial disputes before numerous international arbitration fora. He has represented a wide range of governmental and private parties before panels of the International Centre for Settlement of Investment Disputes, the Permanent Court of Arbitration, the International Chamber of Commerce's International Court of Arbitration, the Arbitration Institute of the Stockholm Chamber of Commerce, the American Arbitration Association and under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, as well as before the U.N. Compensation Commission and the Iran-U.S. Claims Tribunal.
Clodfelter was named in 2007 and 2009 by Washingtonian magazine as one of Washington, D.C.’s top international lawyers and received an award for Outstanding Performance by an International Law Office in a Government or International Organization from the American Bar Association International Law and Practice Section Chambers USA by U.S. State Department.
Clodfelter is admitted to practice at the District of Columbia and Michigan Bars. He received his J.D. from the University of Michigan Law School, his M.A. in Political Science from the University of Michigan, and his B.A. in Russian and East European Studies, from the University of Michigan.
Ian A. Laird
Crowell & Moring LLP
Ian A. Laird is a Special Legal Consultant in the International Trade and Arbitration Group of Crowell & Moring LLP based in the firm’s Washington, D.C. office. He has been counsel to parties in investment arbitrations for 14 years and worked on the earliest North American Free Trade Agreement (NAFTA) investor-state arbitrations. Mr. Laird’s work includes arbitrations held under the provisions of NAFTA, Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR, the Energy Charter Treaty (ECT) and other international investment agreements, typically applying the arbitration rules of International Centre for Settlement of Investment Disputes (ICSID) or the United Nations Commission on International Trade Law (UNCITRAL).
Laird is a Lecturer-in-Law at Columbia Law School. He is editor-in-chief and co-founder of Investmentclaims.com (published by Oxford University Press), in which capacity he directs the premium source of legal and academic information on international investment law and arbitration. He has co-edited five books, and is the author of numerous articles and book chapters. He is co-director of the International Investment Law Center (International Law Institute) which conducts its annual, two-week fall program on investment agreements and arbitration in Washington, D.C. Laird is recognized as a leading practitioner in the arbitration field by the International Who's Who of Commercial Arbitration Lawyers 2012.
Laird received his B.A. from McGill University, Montreal, Canada, his LL.B. from the University of Windsor, Faculty of Law, Windsor, Canada, LL.B, and his LL.M from the University of Cambridge. Laird is admitted to practice in Ontario, Canada, and is licensed to practice as a Special Legal Consultant in the District of Columbia.
Herbert Smith LLP
Christian Leathley is Of Counsel at Herbert Smith LLP. He is based in London and Madrid (having previously worked in New York for five years). Leathley specializes in international commercial and investment arbitration. He is New York and English law qualified and has acted for individuals, corporations and sovereign states in cases arising from all major industry sectors, under the rules of the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), London Court of International Arbitration (LCIA), American Arbitration Association's International Centre for Dispute Resolution (ICDR), and United Nations Commission on International Trade Law (UNCITRAL). He also has experience of working at the Inter-American Commission on Human Rights in Washington, D.C.
Leathley’s particular specialization is Latin American disputes. He has authored “International Dispute Resolution in Latin America: An Institutional Overview” (Kluwer Law International, 2007) and is a member of Kluwer Arbitration's editorial advisory board. He is co-chair of the American Society of International Law (ASIL) Dispute Resolution Interest Group, the IBA’s delegate at the UNCITRAL Working Group II negotiations at the United Nations regarding transparency in treaty-based investor-State arbitration. He is also a member of the ICC (UK), LCIA, and Chairman of the Association of International Arbitration (AIA) Investment Arbitration Working Group.
Leathley received his B.A. in law from University College, Durham Univ., England, and his LL.M. from New York University. He has taught international arbitration in the United States and Europe, including the University of Pennsylvania Law School, where he is currently an adjunct professor.