Join WilmerHale at a presentation by José E. Alvarez, Herbert and Rose Rubin professor of international law at New York University School of Law, on the boundaries of investment arbitration.
Based on his book The Boundaries of Investment Arbitration: The Use of Trade and European Human Rights Law in Investor-State Disputes (Juris, 2018), Professor Alvarez will consider the references to European human rights and WTO law in investor-state rulings, advance reasons for these resorts to "non-investment" law, and put these "boundary crossings" in a broader context. He will enumerate the legal gateways for these “public law” references and consider what engagement with human rights and trade law tells us about the motivations of investor-state arbitrators, scholars and civil society. Exploring when and how arbitrators or litigants reach into other international law regimes to interpret the content of international investment law says a great deal about what that law is—and is not.
Claudia Annacker, partner at Cleary Gottlieb, and Lord Collins of Mapesbury, LL.D., F.B.A., arbitrator at Essex Court Chambers and former Justice of the UK Supreme Court, will comment on Professor Alvarez’s presentation. Professor Maxi Scherer, WilmerHale special counsel and professor of law at the School of International Arbitration, Queen Mary University of London, will deliver opening remarks and moderate.
The discussion will be followed by a networking reception.