MIDS 2013-2014 Annual Report

Transcription

MIDS 2013-2014
Annual Report
Annual Report | MIDS 2013 - 2014
MIDS 2013 - 2014 | Annual Report
MIDS 2013-2014
ANNUAL REPORT
In these times when international dispute
settlement experiences dramatic changes,
a formidable expansion accompanied
by unprecedented challenges in every
meaning of the word, the MIDS is striving
to give new generations from all over the
world the tools to master these challenges.
The new format of this annual report is
intended to convey a better understanding
of the essence of the MIDS and a true
reflection of our activities.
We hope that you will find it of interest.
Gabrielle Kaufmann-Kohler
Geneva LL .M. in Internationa l Dispute Sett lement (MIDS)
Villa Moynier
rue de Lausa nne 120b
PO Box 67 - 1211 Geneva 21
Switzerla nd
Tel. +41 229084 486 Fa x +41 229084 499
Ema il: [email protected]
Website: w w w.mids.ch
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Contents
Contents
Table of Contents
I. Executive Summary______________________
The year in a nutshell........................................ 7
Highlights........................................................ 8
Life after the MIDS....................................... 8
First MIDS alumni reunion........................... 9
Launch of the CIDS...................................... 9
II. The MIDS program_____________________
Overview........................................................ 11
The curriculum............................................... 12
Program administration.................................. 13
III. The 2013-2014 MIDS edition____________
Students......................................................... 15
Professors........................................................ 16
Lecturers......................................................... 16
Courses........................................................... 17
General courses........................................... 17
Tutorials...................................................... 17
Intensive courses.......................................... 18
Optional courses......................................... 24
Additional learning opportunities and events.. 27
Workshops.................................................. 27
Seminars and lectures.................................. 30
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Academic retreat.......................................... 32
Conferences................................................. 33
Study trips and visits................................... 34
Career services................................................ 36
Professional and social events.......................... 38
Publications.................................................... 39
Paris Arbitration Academy.............................. 39
MIDS 2013-2014 graduation......................... 40
MIDS alumni reunion.................................... 40
MIDS alumni giving back.............................. 41
IV. New Developments_____________________
2014-2015...................................................... 43
2015-2016...................................................... 43
V. The CIDS_____________________________
Purpose........................................................... 44
Activities in 2013-2014.................................. 45
IAI-CIDS-UNCITRAL Conference............ 45
Research project.......................................... 46
Pluricourts................................................... 46
Activities in 2014-2015.................................. 47
2015 International Conference.................... 47
CIDS ICC YAF Conference........................ 47
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I. Executive Summar y
I. Executive Summar y
The year in a nutshell
In 2013-2014, 40 students from 26 nationalities
were admitted to the sixth edition of the Master of
International Dispute Settlement (MIDS).
The 2013-2014 MIDS curriculum included:
• General courses: The Organization of
International Dispute Settlement, taught
by Prof. Laurence Boisson de Chazournes
and Prof. Gabrielle Kaufmann-Kohler; and
International Legal Proceedings, delivered by
Prof. Zachary Douglas and Prof. Marcelo
Kohen.
• Intensive courses: a choice of 14 courses
was offered out of which students attended
10 on average, 8 being required. The offer
included: ICC Arbitration with Prof. Pierre
Tercier; The New York Convention of 1958
with Prof. Albert Jan van den Berg; ICSID
Arbitration with Prof. Jan Paulsson; The
Definition of Investment with Prof. Brigitte
Stern; Arbitration in the United States with
Prof. William W. Park; Negotiation with
Prof. Robert Mnookin; The French Law on
International Arbitration with Prof. JeanMichel Jacquet; The Arbitration Agreement
in International Commercial Arbitration
with Prof. Sébastien Besson; Sports
Arbitration with Prof. Antonio Rigozzi;
EU Law and International Arbitration with
Prof. Jan Kleinheisterkamp; WTO Dispute
Settlement with Prof. Gabrielle Marceau;
Philosophical Questions in International
Arbitration with Prof. Thomas Schultz;
International Litigation with Prof. Gian
Paolo Romano; and Arbitration in the Arab
Countries with Dr. Nagla Nassar.
• Optional courses: each MIDS student took
at least 2 from a choice of 30 different courses
on international law and dispute settlement
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offered by the Graduate Institute and the
University of Geneva Law School. The most
popular among MIDS students were: Droit
de l’OMC with Prof. Gabrielle Marceau;
International Trade Law with Prof. Joost
Pauwelyn; State Contracts in International
Arbitration with Prof. Zachary Douglas;
International Investment Law with Prof.
Joost Pauwelyn; Corporate Responsibility
in Transnational and International Law with
Prof. Zachary Douglas.
• Workshops: Legal Writing Skills with
Mr David Roney and Ms Tanya Landon;
Mediation with Ms Birgit Sambeth
Glasner; Financial Damage Analysis
with Mr Geoffrey Senogles; and Witness
Examination with the Foundation on
International Arbitration Advocacy (FIAA).
• Seminars: The International Tribunal for
the Law of the Sea (ITLOS) with Prof.
Tullio Treves; Inter-State Mediation with
Prof. Nicolas Michel; and International
Arbitration in China with Prof. Fan Kun.
• Lectures: “State Sovereignty at Stake in
Investment Arbitration” with Prof. PierreMarie Dupuy; “Are Arbitrators (Judicial)
Activists? Sources of Rights and Duties of
Arbitrators” with Prof. Andrea Bjorklund;
and “From the ICJ to the US Supreme
Court: The Vienna Convention on Consular
Relations, International Law and the US
Constitution” with Mr Donald Donovan.
• Conferences: MIDS students attended a
number of conferences both in Switzerland
and abroad, including: ASA Conference
on “Confidential and restricted information
in international arbitration: questions of
principle, answers in practice” (Bern, 4 October
2013); University of Neuchâtel Conference
on “New developments in International
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Commercial Arbitration in 2013” (Neuchâtel,
15 November 2013); Joint IAI-CIDSUNCITRAL Conference on “Concurrent
proceedings in investment disputes: treaty
arbitrations brought by shareholders” (Paris,
22 November2013); Milan Arbitration
Chamber (CAM) Annual Conference on
“The transnationalization of international
arbitration” (Milan, 29 November 2013);
ICC Annual Meeting on “International
arbitration and applicable substantive law”
(Paris, 5 December 2013); ASA Annual
Conference on “10 Years of Swiss Rules of
International Arbitration” (Basel, 31 January
2014); British Institute of International and
Comparative Law (BIICL) 22nd Investment
Treaty Forum (London, 8 May 2014); BIICL
WTO Annual Conference (London, 14-15
May 2014); IX Congreso International del
Club Español del Arbitraje (CEA) (Madrid,
22-24 June 2014).
• Study Trips: the students visited different
international dispute settlement institutions
in Paris (ICC), The Hague (ICJ, PCA, IranUS Claims Tribunal), and Geneva (WIPO,
WTO).
• Academic Retreat: a two-day international
commercial arbitration moot exercise took
place in the countryside with students
presenting oral arguments before arbitral
tribunals composed of Prof. Thomas Schultz,
Dr Bernd Ehle, Dr Jean-Marie Vulliemin,
Mr Joachim Knoll, Mr Víctor Bonnin, Dr
Michele Potestà, Dr Mamadou Hébié, and
Dr Réka Papp.
Highlights
Life after the MIDS
35 out of the 40 students of the MIDS 20132014 class had secured positions in international
institutions and law firms before the Graduation
Ceremony on 25 September 2014.
Field trip to Paris, December 2013
End of the academic year on board La Neptune, June 2014
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MIDS 2013-2014 graduates hold positions
at the International Court of Justice (ICJ);
the International Chamber of Commerce
International Court of Arbitration (ICC);
the United Nations Conference on Trade
and Development (UNCTAD); the Kuala
Lumpur Regional Centre for Arbitration; in
law firms such as Allen & Overy (Paris); ArbLit
(Milan); Cleary Gottlieb (Paris); Cuatrecasas
(Madrid); Dechert (Paris); Dentons (Warsaw
and Paris); Domanski Zakrzewski Palinka
(Warsaw); Egorov Puginsky Afanasiev and
Partners (Moscow); FTPA (Paris); Ginestié
(Paris); Glimstedt (Vilnius); Hughes Hubbard
& Reed (Paris); King & Spalding (Paris); Lalive
(Geneva); Lévy Kaufmann-Kohler (Geneva);
Luther (Hamburg); Motieka & Audzevicius
(Vilnius); Schellenberg Wittmer (Geneva);
Shearman & Sterling (Paris); White & Case
(Paris); WilmerHale (London); Zul Rafique &
Partners (Kuala Lumpur).
Alumni reunion, September 2014
Five students are pursuing PhD studies at
the Graduate Institute of International and
Development Studies or at the University of
Geneva under the supervision of Prof. Zachary
Douglas, Prof. Joost Pauwelyn and Prof.
Gabrielle Kaufmann-Kohler.
Solution to Successive Claims before Different
Interstate Tribunals?”), and Dr Réka Papp (on
“Corruption and Commercial Arbitration”).
In addition to informal social gatherings, the
reunion provided the opportunity for the
launch of the MIDS Alumni Association.
First MIDS alumni reunion
Launch of the CIDS
For the first time ever, the alumni of the now six
editions of the MIDS (2008-2009 to 2013-2014)
and the students of the class 2014-2015 gathered
for an alumni reunion on 25-27 September 2014
in Geneva. More than 140 MIDS graduates, out
of a total of 207, joined the events which included
a gala dinner with the faculty and friends of the
MIDS; an alumni colloquium with a discussion
on career development in international dispute
settlement practice; and an academic seminar
with presentations delivered by former and
current MIDS lecturers: Dr Michele Potestà
(on “Issue Conflicts in Investment Arbitration”),
Dr Mamadou Hébié (on “Mootness: A Better
Finally, this academic year has witnessed the
establishment of the CIDS, which stands for
Center for International Dispute Settlement.
The CIDS is a joint center of the Graduate
Institute of International and Development
Studies and the University of Geneva. It will be
devoted to research activities in international
dispute settlement and will offer a platform
for high level exchanges about cutting edge
developments in that field. It is placed under
the leadership of Prof. Gabrielle KaufmannKohler and Prof. Zachary Douglas.
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II. The MIDS Program
II. The MIDS Program
Overview
The Geneva LL.M. in International Dispute
Settlement (MIDS) was launched in September
2008 under the joint aegis of the Law Faculty of the
University of Geneva and the Graduate Institute
of International and Development Studies.
The MIDS covers international dispute settlement
broadly speaking, including international
commercial, investment and sports arbitration,
WTO dispute settlement, proceedings before the
International Court of Justice and various other
international courts and tribunals, negotiation
and mediation. Its broad scope makes it the only
program in the world that covers all relevant
aspects of the field, thereby acknowledging the
interrelations and similarities that exist between
most methods and mechanisms of international
dispute settlement.
The MIDS aims at ranking among the first
three choices worldwide for students seeking
postgraduate education in international arbitration
or international dispute resolution. The program
provides full-time postgraduate legal education
to 35-40 students per year. It carries 65 ECTS
credits for one academic year of study in residence
(September through June), typically followed up
by two months of research and drafting of a thesis.
Over one fourth of the students benefit from a full
scholarship arranged by the program.
within parameters set to ensure the acquisition
of the indispensable knowledge in the field. The
program is taught in English, with the possibility
to take optional courses in French.
MIDS graduates head for careers in arbitration
or international law departments of law firms, in
foreign affairs, trade or justice ministries, in legal
departments of multinational corporations, or as
legal officers in international dispute settlement
institutions, international organizations and
non-governmental organizations. Some students
pursue PhD studies after the MIDS.
The MIDS has a very diverse class, gathering
students from all over the world. In 2008-2009,
the program accounted for 26 students from
19 different countries. In 2009-2010, the 35
students enrolled were originally from 27 different
nationalities. In 2010-2011, the 39 students were
nationals of 27 different countries. In 20122013, the class had 37 students representing 26
nationalities. Finally, this 2013-2014 class was
composed of 40 students from 26 countries.
The MIDS faculty is also very diverse and
includes experts carefully selected from among
the best-known and most respected academics
and practitioners in the field of dispute settlement
worldwide.
The MIDS is designed for students who hold a first
complete law degree and have a good command
of the English language. Most students already
have professional experience in law at the time of
enrolling, some to a significant extent.
The structure of the program is largely elective,
offering students latitude to pursue their specific
interest in dispute settlement while keeping
Prof. Albert Jan van den Berg, lecturing on the New York Convention
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The curriculum
•
The program includes the following main building
blocks:
•
•
•
•
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Two semester-long general courses providing
a comprehensive overview of international
dispute settlement. The first general course
deals with the organization of international
dispute settlement: which disputes correspond
to which dispute resolution mechanisms, and
how these mechanisms operate. The second
general course reviews the main procedural
issues that arise in these proceedings, with
an eye for comparison and contrasts. The
general courses are accompanied by weekly
“Oxbridge” style tutorials held in small
groups.
A choice of intensive courses. Each course
consists of nine hours of class spread over
two or three days. These courses focus on a
specific dispute settlement mechanism or
explore in depth a particular topic. Intensive
courses typically elaborate on matters
addressed more briefly in the general courses.
Students are offered 15 courses out of which
the requirement is to take 8, 10 being the
average number of courses followed by a
MIDS student.
A choice of semester-long optional courses
drawn from a list of classes offered in the
regular master program curricula of the
Graduate Institute and the University of
Geneva Law School. These courses revolve
broadly around international dispute
settlement. Students must take at least 2
optional courses.
Clinical workshops aiming at improving
core advocacy skills required in the
international dispute settlement practice, such
as legal writing skills, commercial mediation,
financial damage analysis and arbitration
advocacy.
•
•
•
•
An academic retreat, where students engage
in a commercial arbitration moot exercise
during two days concluding with hearings
before an arbitral tribunal composed of
practitioners. The purpose is to develop skills
in analyzing facts and evidence, building a
strategy, construing a legal argumentation,
practicing oral advocacy and working in a
team, all with limited time and with the
related pressure.
Seminars on new developments in
international dispute settlement and on the
work of key international organizations and
arbitral institutions.
International conferences on international
dispute settlement related topics. Students
are required to attend at least two, one in
Switzerland and one abroad, from a choice
that typically includes ASA conferences,
BIICL Investment Treaty Forum and WTO
conferences, ICC Annual Meeting, Milan
CAM Annual Conference, and University of
Neuchâtel conference, among others.
At least three MIDS public lectures with wellknown academics and practitioners. MIDS
lectures are open to the public and gather a
large number of students, practitioners and
academics from Switzerland and France.
Site visits to dispute settlement institutions
in Paris, The Hague and Geneva.
Program administration
Program Director
Prof. Gabrielle Kaufmann-Kohler
Committee
Prof. Laurence Boisson de Chazournes
Geneva University Law School
Prof. Zachary Douglas
Graduate Institute
Geneva University Law School
Prof. Marcelo Kohen
Graduate Institute
Executive Director
Diego Gutiérrez
Lecturers
Dr Mamadou Hébié
Dr Réka Papp
Coordinator
Evelyne Bryden
III. The 2013 - 2014 MIDS edition
III. The 2013 - 2014 MIDS edition
Students
Gender distribution in MIDS 2013-2014 Class
For the 2013-2014 edition of the MIDS program,
about 300 applications were submitted. The
final class was composed of 40 students enrolled,
aged 26 years old on average, and representing
26 countries.
15
Male
Female
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Age distribution in MIDS 2013-2014 Class
2
111
7
2
3
7
2
Professional Placement as of 25 September 2014
7
7
Law firms
5
1
23
24
25
26
27
28
29
30
31
34
43
International
organizations
Arbitral institutions
1
2
Government
2
24
Professional Placement as of 25 September 2014
PhD
NGO
2
2
2
11
1
1
8
1
1 1 1 1
2
1
Geneva
Hamburg
Kuala Lumpur
London
Madrid
Milan
Moscow
New Delhi
Paris
Quito
Tbilisi
The Hague
Vilnius
Warsaw
Of the 40 students who participated in the MIDS
in 2013-2014, 10 received a full scholarship
covering tuition fees and living expenses thanks
to the generosity of a private donor.
The sources of income for the MIDS program
are the tuition fees (CHF 25’000) and the
contributions in kind from the University of
Geneva Law School and the Graduate Institute of
International and Development Studies.
MIDS 2013-2014 Class
Full list of MIDS students in 2013-2014:
Alia ALGAZZAR (Egypt)
Pedro ALVAREZ CHICOTE (Spain)
MªAgustina ALVAREZ (Argentina)
Ariane BARDOUT (France)
Lucie BEQUET (France)
Sevim BERKCAN (Switzerland)
Kateryna BONDAR (Ukraine)
Irina CHANKSELIANI (Georgia)
Irene CHOLVI FERRER (Spain)
Ana Constanza CONOVER (Mexico)
Federica DE LUCA (Italy)
Thaleia DIATHESOPOULOU (Greece)
Andrea GARCES DEL POZO (Ecuador)
Eden GILA (Ethiopia)
Mélissa GIUGE (France/Canada)
Enrik HAXHIREXHA (Albania)
Gökçe KELAHMET (Turkey)
Sonia KESWANI (India)
David KHACHVANI (Georgia)
Yolande LAGRANGE (Switzerland)
Maxime LENOIR (France)
Alexandre LERCHER (France)
Ananya MITRA (India)
Trisha MITRA (India)
Malvika MONGA (India)
Maciej ORKUSZ (Poland)
Solveiga PALEVICIENE (Lithuania)
Debesh PANDA (India)
Tomas PETKEVICIUS (Lithuania)
Ekaterina PLOKHENKO (Russia)
Joy RAMPHUL (Mauritius)
Michal SWARABOWICZ (Poland)
Katarzyna SZCZUDLIK (Poland)
Manu THADIKKARAN (India)
Olga VISHNEVSKAYA (Russia)
Amboko WAMEYO (Kenya)
Matthias WEGER (Italy)
Hsien WU (Taiwan)
Sebastian WUSCHKA (Germany)
Yufeng ZENG (China)
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Professors
Courses
Among the new professors and those returning to
lecture at the MIDS in 2013-2014 one counts Prof.
Albert Jan van den Berg (Professor, Erasmus
University, Rotterdam; Partner, Hanotiau &
van den Berg); Prof. Jan Paulsson (Professor,
Miami Law School; Partner, Three Crowns);
Prof. Sébastien Besson (Professor, University of
Neuchâtel; Partner, Python & Peter); Prof. Jan
Kleinheisterkamp (Associate Professor of Law,
London School of Economics); Prof. Gian Paolo
Romano (Associate Professor, Geneva University
Law School); and Dr Nagla Nassar (Attorney
at Law, Cairo, Egypt; former advisor at WTO,
ICSID, ILO).
The curriculum of the MIDS includes general courses, tutorials, intensive courses and optional courses.
The “regulars” lecturing at MIDS every year
were Prof. Laurence Boisson de Chazournes
(Geneva University Law School); Prof. Gabrielle
Kaufmann-Kohler (Geneva University Law
School); Prof. Marcelo Kohen (Graduate
Institute); Prof. Zachary Douglas (Graduate
Institute); Prof. Pierre Tercier (University of
Fribourg); Prof. William W. Park (Boston
University); Prof. Brigitte Stern (University of
Paris-Sorbonne I); Prof. Jean-Michel Jacquet
(Graduate Institute); Prof. Robert Mnookin
(Harvard Law School); Prof. Gabrielle Marceau
(WTO, and Geneva University Law School); Prof.
Antonio Rigozzi (University of Neuchâtel); and
Prof. Thomas Schultz (Graduate Institute and
King’s College).
Lecturers
Dr Michele Potestà left the MIDS after three years
as lecturer for the private law part of international
dispute settlement, and joined Lévy KaufmannKohler. The MIDS was most privileged to benefit
from his expertise and teaching skills. Three classes
of MIDS students, faculty and the MIDS staff
will remember him dearly for his vast knowledge,
commitment, outstanding pedagogical skills and
generosity. The Program Committee and the
Director are indebted to him for his significant
contribution to the success of the MIDS and his
relentless dedication.
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General Courses
Joint lecture by Professor Gabrielle Kaufmann-Kohler
and Professor Laurence Boisson de Chazournes
The foundation of the curriculum consists of two
general courses (4 hours per week), which provide
a comprehensive overview of international dispute
settlement. The first course, taught during the
autumn semester, sets the stage and reviews the
different mechanisms for resolving international
disputes. The second one, in the spring,
discusses the main procedural issues that arise in
international legal proceedings.
The organization of international dispute
settlement (General Course 1)
Prof. Laurence Boisson de Chazournes,
University of Geneva Law School
Prof. Gabrielle Kaufmann-Kohler, University
of Geneva Law School
Joint lecture by Professor Marcelo Kohen and
Professor Zachary Douglas
Dr Réka Papp joined the MIDS at the beginning
of the academic year replacing Dr Michele
Potestà. Dr Papp has been an outstanding
addition to the MIDS. She has a strong academic
curriculum, including a PhD from Université de
Lorraine, awarded with the highest distinction.
Dr Papp has practiced international commercial
arbitration in Vienna, where she also collaborated
with the University of Vienna coaching teams for
various moot court competitions such as the ICC
Mediation Moot and the Hong Kong ADR Moot.
What types of disputes give rise to disputes
in in the international arena? How are these
different disputes settled? What dispute resolution
mechanisms are available? The course focuses on
commercial and investment arbitration, ICJ and
WTO dispute settlement procedures, as well as
on certain other contemporary dispute settlement
mechanisms. The main characteristics of each
dispute settlement institution and procedure are
examined, with emphasis on the types of disputes
that can be brought before each one.
processes raise similar issues (i.e. jurisdiction,
provisional remedies, equal treatment, evidence,
enforcement), this course reviews these aspects
with an eye to comparisons and contrasts.
Tutorials
Tutorials are intrinsically connected to the
general courses. Inspired by the Oxford tutorial
system, tutorials are weekly interactions between
a tutor, one of the MIDS lecturers, and a group of
about ten students. Tutorials serve two different
purposes. On the one hand, they provide an
opportunity to revisit and explore in more detail
the key concepts addressed in the general courses.
On the other, during every tutorial session, a
student presents a research paper which is then the
subject of a discussion among classmates. Every
student delivers two research papers during the
MIDS, one in each semester.
The tutorials were conducted by MIDS Lecturers,
Dr Mamadou Hébié (public international law)
and Dr Réka Papp (private international law).
International Legal Proceedings (General
Course 2)
Prof. Zachary Douglas, Graduate Institute
Prof. Marcelo Kohen, Graduate Institute
This course covers the main procedural issues
arising in the international legal proceedings
examined in the first general course. As the
procedures in the different dispute resolution
Tutorial with Dr Réka Papp
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Intensive Courses
Negotiation
Intensive courses, most of which are taught by visiting professors, provide an opportunity to go into the
details of various topics of international dispute settlement. The courses consist of nine hours of class
taught over two or three days (with the exception of the ICC Arbitration course that is longer and ends
with an international arbitration moot in Paris).
Prof. Robert Mnookin
Students chose on average 10 intensive courses (8 being required) out of 14 intensive courses available
in 2013-2014. The courses offered in 2013-2014 are listed below in decreasing order of number of
attendants:
ICC Arbitration
The New York Convention of 1958
Prof. Pierre Tercier
Prof. Albert Jan van den Berg
Honorary Chairman, ICC International Court
of Arbitration; Honorary Professor, University of
Fribourg
Professor, Erasmus University, Rotterdam;
Partner, Hanotiau & van den Berg; General
Editor, Yearbook Commercial Arbitration
The International Court of Arbitration of the
ICC is one of the most important and best
known arbitration institutions. Its unique set of
procedures has been applied to more than 15’000
disputes since their adoption. Students attending
this course benefit from a thorough insight into
the ICC arbitration process. The course extended
over the entire first semester with three sessions
delivered in Geneva and two sessions on the
premises of the ICC in Paris. The students
participated in an international arbitration moot
playing different roles. The exercise culminated in
the final oral arguments presented at the ICC and
at the Paris office of Clifford Chance.
The New York Convention of 1958 on the
Recognition and Enforcement of Foreign Arbitral
Awards is the single most important legal text
in international commercial arbitration, as it
defines the international currency of international
arbitration agreements and arbitral awards.
The students obtained a unique insight into the
workings of the Convention and the challenges it
faces to keep current with the world of arbitration
as it has evolved since 1958.
Professor Harvard University; Chair, Harvard
Program on Negotiation; Director, Harvard
Negotiation Research Project
Most lawyers, whatever their specialty, spend a
significant part of their time negotiating. Business
lawyers negotiate the terms of commercial
transactions. Litigators and arbitration counsel
bargain in the shadow of the law both before
formal proceedings are launched and often in
parallel to them. This course introduces the
students to the theory and practice of negotiation,
including by way of negotiation exercises
Professor Robert Mnookin
The arbitration agreement in international
commercial arbitration
Prof. Sébastien Besson
Partner, Python & Peter; Professor, University of
Neuchâtel
Professor Sébastien Besson
Investment arbitration
The arbitration agreement is the cornerstone of
international commercial arbitration. It raises
many issues that receive partly divergent answers
under different arbitration laws. This course
explored these issues in depth, including the
notion of separability of the arbitration agreement
and the principle of competence-competence that
play a fundamental role in the theory and practice
of international commercial arbitration.
Prof. Jan Paulsson
Professor, Miami School of Law; Founding
Partner, Three Crowns LLP; Honorary President,
ICCA; Honorary Vice-President, LCIA
Professor Pierre Tercier
18 |
Professor Albert Jan van den Berg
In recent years, the number of investment disputes
has risen dramatically, making investment
arbitration one of the most interesting and
challenging fields of international dispute
settlement. Building on the general courses, this
intensive course, taught by one of the leading
practitioners and scholars in the field, offered the
students timely and hands-on insights into some
of the most current issues in the field.
Professor Jan Paulsson
| 19
Professor Brigitte Stern
International litigation
Prof. Gian Paolo Romano
Associate Professor, University of Geneva Law
School
The definition of investment
WTO Dispute Settlement
Prof. Brigitte Stern
Prof. Gabrielle Marceau
Professor Brigitte Stern, Honorary Professor,
University Paris I Sorbonne; Member, Institute of
International Law
Counselor, WTO Legal Affairs Division; Associate
Professor, University of Geneva Law School
This intensive course reviewed various approaches
to the definition of investment, mainly but not
exclusively in relation to ICSID arbitration. It
explored the distinction between the objective
approach, based on the Salini test, and the
subjective approach. It examined whether all
economic operations falling within the definition
are protected investments, and whether the
definition of a protected investment is a question
of jurisdiction or merits.
Through an examination of the dispute settlement
system underpinning the WTO, the course
focused on how the WTO really operates from
a legal, political and diplomatic perspective.
Replacing the WTO in the broad institutional
context of international economic relations,
it considered some of the major substantive
issues that are addressed in the WTO, such as
agriculture, subsidies, standards and regional
trade agreements.
Reader in Commercial Law, King’s College
London
Professor Thomas Schultz
Professor Gian Paolo Romano
Arbitration in the US
Prof. William W. Park
Professor, Boston University; President, LCIA
20 |
Philosophical Questions in International
Arbitration
Prof. Thomas Schultz
A significant proportion of disputes arising in
the global economy are still today litigated before
domestic courts. This course gave an overview of
the unique dimension of international litigation
in the commercial context. It addressed critical
jurisdictional issues, mechanisms to handle
parallel proceedings, key problems associated with
recognition and enforcement of foreign decisions,
as well as injunctive and other interim relief.
Professor William W. Park
Professor Gabrielle Marceau
Students taking Arbitration in the United States
had the opportunity to participate in analytical
discussions of the law and practice of international
arbitration from a comparative perspective.
Beyond offering a critical insight into the
American approach to arbitration, the course shed
new light on broader issues of dispute resolution
through engaging in interactions with Professor
Park.
Sports arbitration
Those interested in looking beyond black-letter
law enjoyed this course, which reflects on some of
the philosophical foundations and implications of
international arbitration. It broached themes such
as the functions of international arbitration, the
existence of an arbitral legal order, the relationship
between arbitration and the rule of law, and the
roles of an international arbitrator.
Prof. Antonio Rigozzi
Professor, University of Neuchâtel; Partner, Lévy
Kaufmann-Kohler
Switzerland hosts most major international
sports federations and organizations, including
the International Olympic Committee and the
Court of Arbitration for Sport (CAS), which acts
as the world’s highest sports tribunal for most
kinds of disputes between athletes or clubs and
sports governing bodies. CAS also administers
commercial arbitrations about sports matters and
a specific arbitration procedure for the Olympic
Games.
Professor Antonio Rigozzi
| 21
EU law in international arbitration
Prof. Jan Kleinheisterkamp
Associate Professor of Law, London School of
Economics
Professor Jan Kleinheisterkamp
For some time, it has been assumed in European
circles that international commercial arbitration
was adequately regulated by the fundamental
text, the 1958 New York Convention. But a
number of circumstances have come together –
a growing awareness that important EU claims
are being decided in arbitral rather than judicial
fora, a dramatic heightening of EU activity
in private international law generally, debates
over the use of anti-suit injunctions in the
international arbitration field, and imperfections
of the New York Convention itself – to put
international commercial arbitration suddenly
in the EU spotlight. The course examined these
developments and their prospects.
French law on international commercial
arbitration
Prof. Jean-Michel Jacquet
Honorary Professor, Graduate Institute of
International and Development Studies
French arbitration law, tradition and culture are
not only among the most important frameworks
for international commercial arbitration today,
because Paris is a leading place for international
arbitration. They are also among the intellectual
factors that most profoundly shaped the world
of arbitration as we know it today. This course
introduced the students to that French heritage
and discussed today’s international commercial
arbitration law and practice in France. The course
was taught in French.
Professor Jean-Michel Jacquet
MIDS activites take place in different facilities of the University of Geneva and the Graduate Institute
International arbitration in the Arab countries
Dr Nagla Nassar
Attorney at Law, Cairo; former Advisor at WTO,
ICSID, ILO
The Arab countries are one of the regions in which
arbitration is developing rapidly. This course was
intended to give primarily non-Arab lawyers the
insight necessary to handle arbitrations in Arab
countries or with Arab parties. It started with
an overview of the arbitration laws of the main
jurisdictions and the practice of the most relevant
arbitral institutions including, in particular,
the Cairo Regional Centre for International
Commercial Arbitration (CRCICA) and the
Dubai International Arbitration Centre (DIAC). It
then focused on the special features of the dispute
resolution culture in Arab countries and its impact
on commercial arbitration. It also examined the
incidence of Sharia Law on commercial disputes.
22 |
Villa Moynier
Auditorium Jacques Freymond
Unimail
Maison de la Paix
Dr Nagla Nassar
| 23
Optional Courses
In addition to the general and intensive courses, students took a choice of at least two semester-long
weekly optional courses drawn from a list of 20 to 30 classes relating to international dispute settlement
and neighboring fields. The courses were drawn from the regular masters’ curricula of the Graduate
Institute and the Law Faculty.
WIPO and international intellectual property
law
The courses listed below are those most attended by MIDS students in 2013-2014, listed by descending
MIDS attendance numbers:
Visiting Professor, Graduate Institute
State contracts in investment arbitration
Associate Professor, Graduate Institute
of
There is a close relationship between the
substantive rules applicable to disputes arising
out of investment contracts between States and
foreign nationals and the existence of arbitration
as a procedural mechanism for resolving such
disputes. Whether or not the international
contract can be ‘stabilised’ in order to insulate it
against subsequent changes in the State’s national
law, for instance, depends to a large extent on
whether the parties to the contract have agreed to
international arbitration. This course provided an
introduction to international arbitration and to
the structure of a particular type of investment
contract (a production sharing agreement) before
exploring the principles of private international
law, transnational law and international law that
may apply in resolving disputes concerning state
contracts.
Corporate responsibility in transnational and
international law
Associate Professor, Graduate Institute
of
As the activities of corporations often transcend
national frontiers and the consequences of such
activities can be felt in a great number of States,
24 |
there is increasing awareness that some form
of supranational regulation of corporations is
necessary in certain areas such as the protection
of human rights and the environment and
the fight against corruption. This course
explored the theoretical difficulties in securing
corporate responsibility within the framework
of transnational law and international law as
well as the practical aspects of enforcing such
responsibility in international and national
judicial fora.
International investment law
Prof. Joost Pauwelyn
Professor, Graduate Institute of International and
Development Studies
When a Swiss or US firm invests abroad, especially
in emerging economies, what protection does it
enjoy under international law? Is it shielded, for
example, against expropriation, discriminatory
regulation or abuse by foreign courts? This course
examined the investment law protections both
in customary international law and treaties, in
particular bilateral investment treaties (BITs),
NAFTA Chapter 11 and Energy Charter Treaty.
It provided an in-depth analysis of procedures
for investor-state dispute settlement under
arbitral facilities such as ICSID and analyzed
the exponentially growing case law in the
field. The course also devoted attention to the
environmental and social issues surrounding the
international law protection of foreign investment
and efforts to regulate the rights and obligations
of multinational corporations.
Prof. Edward Kwakwa
of
This course took a detailed look at the World
Intellectual Property Organization (WIPO)
and addressed salient issues on the international
intellectual property agenda today. Topics
included the objectives, structure, governance
and legal status of WIPO; WIPO’s relations with
the UN and the WTO; dispute resolution under
the auspices of WIPO, including the WIPO
Arbitration and Mediation Center, and Internet
Domain Name Dispute Resolution; TRIPs; IP
and development; and ensuring respect for IP
rights.
Trade and investment law clinic
Development Studies
This clinic offered a unique opportunity for a small
group of selected students to thoroughly analyze
trade and investment law and jurisprudence
through a combination of practice and theory.
Students worked in small groups under the
supervision of the professor, clinic coordinator,
and teaching assistant, on specific questions related
to trade and investment law put by “real” clients,
such as international organizations, governments
and NGOs. Skills sessions were also held with
invited professionals to improve legal writing and
oral presentation. At the end of the semester, the
groups submitted written memoranda and made
oral presentations in class in the presence of the
client and other guests.
International trade law
Development Studies
Economic independence between countries and
across production chains continues to grow. In
this context, stable rules on international trade
and investment are key. This course focused on the
rules established by the World Trade Organization
(WTO) as well as selected regional trade
agreements. What are the benefits and risks of
trade liberalization? How can trade liberalization
go hand in hand with other public policy goals
such as protecting the environment and human
rights or promoting the economic development of
poor countries? The course addressed the principles
of trade in goods and trade in services as well as
WTO agreements on health measures, subsidies
or intellectual property rights. It also addressed
the unique WTO mechanism for the settlement
of trade disputes, with special reference to the
recent trade tensions with emerging countries like
Brazil, China and India.
Current issues of international law through the
case-law of the International Court of Justice
Prof. Makane Mbengue
School
Based on the observation that dispute settlement
mechanisms play a crucial role in the formulation
and development of international law, this course
analyzed how fundamental current issues of
international law are addressed by international
courts and tribunals. In these contexts, the
course emphasized the contribution of different
international courts and tribunals to the
development of international law, i.e. the ICJ, the
WTO DSB, the ITLOS, ICSID, the PCA and
human rights courts.
| 25
In French
Droit de l’OMC
Prof. Gabrielle Marceau
School
Ce cours visait à offrir une présentation générale
des règles du traité de l’OMC, lesquelles ont été
discutées dans le contexte du nouveau système de
règlement des différends auquel les membres de
l’OMC sont assujettis. La nature et l’évolution des
cinquante années des premières règles du GATT
qui aujourd’hui encore constituent la colonne
vertébrale du système du commerce international
ont été analysées dans un premier temps,
suivis par l’étude du traité créant la première
organisation universelle relative au commerce
entre États, l’OMC. Les aspects institutionnels et
organisationnels de l’OMC ont été examinés ainsi
que les droits et obligations des pays membres
dans les divers champs d’application de l’OMC, à
savoir le commerce des marchandises, des services
et de la propriété intellectuelle. Finalement, les
aspects procéduraux du système de règlement des
différends et le mécanisme de sanctions ont été
appréhendés.
Arbitrage international
d’investissement. Conjuguant théorie et pratique,
le cours a surtout mis l’accent sur le droit suisse
de l’arbitrage international, tout en ouvrant de
nombreuses fenêtres sur le droit et la pratique de
l’arbitrage dans le monde.
Prof. Gian Paolo Romano
School
L’intensification des échanges transfrontières a
pour conséquence inévitable la croissance du
contentieux international. Avec l’appui de cas
pratiques, tirés notamment du droit de la famille,
des contrats, de la responsabilité civile, des sociétés
et de la propriété intellectuelle, le cours a d’abord
porté sur certaines questions liées à la compétence
juridictionnelle et aux mécanismes permettant
d’appréhender les procédures parallèles, tels la
litispendance, le forum non conveniens et les
injonctions anti-suit. Il a abordé ensuite l’entraide
judiciaire internationale, et notamment l’accès à
la justice, la signification des actes à l’étranger,
l’administration transfrontière de la preuve et les
problèmes liés à l’application du droit étranger. Il
s’est intéressé enfin aux difficultés que rencontre
l’exécution transfrontière des décisions et aux
moyens de les résoudre.
Professor, University of Geneva Law School
26 |
Workshops
Gestion des litiges internationaux
L’arbitrage est aujourd’hui le mode usuel
de règlement des différends du commerce
international et la Suisse est une place d’arbitrage
importante sur l’échiquier mondial. En suivant la
chronologie d’un arbitrage, le cours s’est attaché
à examiner les questions qui se posent au cours
et autour d’une procédure arbitrale : convention
d’arbitrage, choix des arbitres, principes régissant
la procédure devant le tribunal arbitral, sentence
et droit applicable au fond du litige, recours
contre la sentence et exécution à l’étranger. Il
a ensuite consacré deux séances à l’arbitrage
A dditional Learning Opportunities and Events
David Roney and Tanya Landon
Education in the field of international dispute
resolution cannot remain solely academic. The
MIDS curriculum therefore includes a series of
clinical workshops to improve skills required
in international dispute settlement, such as
written and oral advocacy, expertise in damage
quantification, and settlement techniques.
These are some of the key questions in mediation;
they require simple skills, which are too often
ignored by counsel and arbitrators alike, much to
the detriment of the parties.
The legal writing workshop was delivered by
Sidley Austin Partners, Mr David Roney and Ms
Tanya Landon. It covered the entire legal drafting
process with a special emphasis on the requirements
for the practice of international arbitration. In
addition to theoretical underpinnings, it included
practical exercises and individualized feedback on
legal submissions drafted as part of the workshop.
A workshop on international commercial
mediation was conducted by Ms Birgit Sambeth
Glasner, Partner at Altenburger Ltd legal+tax. A
respected mediator, Ms Sambeth Glasner took the
students through the nuts and bolts of mediation:
When should parties settle? When are they ready
to do so? How to bring them to a settlement
through a facilitated interest-based negotiation?
Birgit Sambeth Glasner
Professor Makane Mbengue
| 27
David Roney and Prof. James Seckinger
Preparing opening statements with Emmanuelle Cabrol
Preparing closing statements
Learning examination-in-chief with Prof. James Seckinger
Cross-examination practice with David Roney
Closing statements with Prof. James Seckinger
Geoffrey Senogles
Mr Geoffrey Senogles, Vice-President, Forensic
Accounting at Charles River Associates,
delivered the workshop on financial damage
analysis. Any lawyer working in arbitration,
whether as counsel, arbitrator or arbitral
secretary, will face quantum issues. The goal
of this workshop was to provide insight into
financial damage expertise from the perspective
of a forensic accountant, who frequently acts as
expert witness in international proceedings and
previously dealt with financial aspects of mass
claims at the United Nations Compensation
Commission (UNCC).
Once again the MIDS was privileged to
have the Foundation for International
Arbitration Advocacy (FIAA) organize a
two-day workshop in arbitration advocacy
specifically designed for the MIDS students.
FIAA is a Geneva-based foundation which
is generally recognized to provide the
28 |
world’s best clinical training in arbitration
advocacy. Following an introductory session,
the students were taken through practical
exercises of witness examination in small
groups, recorded on video while conducting
examinations and given immediate feedback.
The FIAA advocacy faculty was led by Prof.
James Seckinger (Notre Dame Law School)
and Ms Sheila Block (Torys, Toronto), who
were joined by arbitration practitioners from
Europe, the USA, and Canada, including
Mr David Roney (Sidley Austin, Geneva),
Ms Emmanuelle Cabrol (Herbert Smith
Freehills, Paris), Ms Elizabeth Snodgrass
(Freshfields Bruckhaus Deringer, London), Ms
Elizabeth Oger-Gross (White & Case, ParisNew York), Ms Patricia Nacimiento (Norton
Rose Fulbright, Frankfurt), Mr Matthew Bate
(Akin Gump, Geneva), Mr Sebastiano Nessi
(Allen & Overy, Paris), and Mr Théobald
Naud (DLA Pipper, Paris).
| 29
Seminars and lectures
As every year, the MIDS organized a number of
seminars reserved to MIDS students on issues
of particular interest and new developments.
In 2013-2014, MIDS students broadened their
knowledge on the International Tribunal for the
Law of the Sea (ITLOS) with a seminar given
by Prof. Tullio Treves (University of Milan;
former Judge, International Tribunal for the
Law of the Sea; Counsel, Curtis Mallet-Prevost
Colt & Mosle). They also attended a seminar by
Prof. Nicolas Michel (University of Geneva Law
School; Graduate Institute of International and
Development Studies) on Inter-State Mediation,
as by Prof. Fan Kun (Assistant Professor, Chinese
University of Hong Kong) on International
Arbitration in China.
The MIDS also organizes public lectures where
well-known academics and practitioners address
a larger audience on current dispute resolution
issues. The academic year started with the MIDS
Opening Lecture delivered by Prof. PierreMarie Dupuy on “State Sovereignty at Stake in
Investment Arbitration” (25 September 2013).
Later in the year, Prof. Andrea Bjorklund (L.
Yves Fortier Chair in International Arbitration
and International Commercial Law, McGill
University Faculty of Law) spoke on “Are
Arbitrators (Judicial) Activists? Sources of Rights
and Duties of Arbitrators” (5 March 2014).
Further, Mr Donald Donovan (Debevoise &
Plimpton, New York; Adjunct Professor, New
York University; Chair of the American Society
of International Law) gave a MIDS Lecture
entitled “From the ICJ to the US Supreme Court:
The Vienna Convention on Consular Relations,
International Law and the US Constitution” (25
March).
Professor Andrea Bjorklund
Mr Donald Donovan
At the Graduation Ceremony, on 25 September
2014, Ambassador Patricia O’Brien, Permanent
Representative of Ireland to the United Nations
and former Legal Counsel of the United Nations,
addressed the MIDS students elaborating on why
international law does matter today. At the same
ceremony, Maxime Lenoir delivered the student
speech on behalf of the MIDS 2013-2014 Class.
Professor Pierre-Marie Dupuy
Professor Tullio Treves
Professor Nicolas Michel
30 |
Professor Fan Kun
Ambassador Patricia O’Brien
Maxime Lenoir
| 31
Academic retreat
Conferences
The two-day academic retreat was devoted to an
arbitration competition similar to a moot court. It
took place at the end of January in a picturesque
country setting overlooking Lake Léman.
As a mandatory part of the curriculum,
students attend two international conferences
in international dispute settlement issues, one in
Switzerland and another one abroad. The choice
of conferences varies from year to year according
to the offer and topics dealt with. In 2013-2014
the following conferences were offered:
The students were divided into teams of claimants
and respondents, were handed out materials from
an international commercial arbitration case, and
prepared oral arguments well into the night of the
first day. On the second day, they presented oral
arguments before arbitral tribunals composed of
practitioners including Dr Bernd Ehle (Lalive),
Dr Jean-Marie Vulliemin (Froriep), Mr Joachim
Knoll (Lalive), Mr Víctor Bonnin (Allen &
Overy), Dr Michele Potestà (Lévy KaufmannKohler), and MIDS lecturers Dr Réka Papp and
Dr Mamadou Hébié .
Dr Réka Papp, Prof. Thomas Schultz, and Víctor Bonnin
ASA Conference on “Confidential and restricted
information in international arbitration: questions
of principle, answers in practice” (Bern, 4 October
2013)
CAM Annual Conference, Milan
University of Neuchâtel Conference on “New
developments in International Commercial
Arbitration in 2013” (Neuchâtel, 15 November
2013)
The purpose was to develop skills in analyzing
facts and evidence, building a strategy, designing
a line of argumentation, practicing oral advocacy,
and improving teamwork, all within limited time
and with pressure evocative of reality.
Joint IAI-CIDS-UNCITRAL Conference on
“Concurrent proceedings in investment disputes:
treaty arbitrations brought by shareholders” (Paris,
22 November 2013)
Preparation before the pleadings
Milan Arbitration Chamber (CAM) Annual
Conference on “The transnationalization of
international arbitration” (Milan, 29 November
2013)
ICC Annual Meeting on “International
arbitration and substantive applicable law” (Paris,
5 December 2013)
ASA Annual Conference on “10 Years of Swiss
Rules of International Arbitration” (Basel, 31
January 2014)
BIICL, Investment Treaty Forum, London
British Institute of International and Comparative
Law (BIICL) 22nd Investment Treaty Forum
(London, 8 May 2014)
BIICL WTO Annual Conference (London, 1415 May 2014)
IX Congreso International del Club Español
del Arbitraje (CEA) (Madrid, 22-24 June 2014)
Dr Mamadou Hébié, Dr Michele Potestà and Dr Jean-Marie Vulliemin
ASA Conference, Bern
32 |
| 33
Study trips
Paris
On 4-6 December 2013, the students visited the
International Chamber of Commerce in Paris.
A three-day trip to Paris included participation
in the ICC Annual Meeting, the delivery of the
second leg of the MIDS intensive course on ICC
Arbitration at the recently inaugurated facilities
of the ICC in Paris, and the performance of the
final hearings of the ICC arbitration moot exercise
both at the ICC premises and at the Paris office of
Clifford Chance.
The moot court exercise was led by Prof. Pierre
Tercier, as part of his intensive course, and Mr
Joachim Kuckenburg, Partner at Kuckenburg
Bureth Boineau et Associés and former Counsel
at ICC Secretariat, who gave individual feedback
to the students on their performance.
The Hague
On 27-28 March 2014, the MIDS brought the
students to The Hague where they visited the Peace
Palace, attending presentations and meetings
at the Permanent Court of Arbitration and
the International Court of Justice. Mr Brian
McGarry, MIDS alumnus and then Assistant
Legal Counsel at the PCA, gave an introduction
to the Permanent Court of Arbitration, after
which the PCA’s Secretary-General, Mr Hugo
H. Siblesz, and Senior Legal Counsel, Ms Judith
Levine, answered numerous questions from the
students.
Study visit to the Peace Palace, The Hague
The visit to the ICC was led by Prof. Pierre
Tercier. Members of the ICC Secretariat made
presentations, specifically Mr Andrea Carlevaris,
ICC Court of Arbitration Secretary General and
Director of the Dispute Resolution Services at the
ICC, on “The ICC Court of Arbitration and its
evolution”; Mr Thomas Granier, Counsel at ICC
Secretariat, on “Control of the Arbitrators”; Ms
Hannah Tümpel, ICC International Centre for
ADR’s Manager, on “ICC International Centre
for ADR-Mediation and other dispute resolution
services”; and Mr Alexander Fessas, Counsel at
ICC Secretariat, on “Financial Aspects of ICC
Arbitration”.
The students also enjoyed presentations delivered
by Paris-based practitioners, in particular Mr
Jason Fry, Partner at Clifford Chance and
former Secretary General of the ICC Court of
Arbitration, on “The Decisions of the Court”;
Mr Peter Wolrich, Partner at Curtis MalletPrevost Colt & Mosle and former Chairman of
the ICC Commission on Arbitration, on “The
Commission on Arbitration and the Revision of
the Rules”; Ms Carole Malinvaud, Partner at
Gide Loyrette Nouel and President of the Comité
Français de l’Arbitrage, on “ICC arbitration
and the counsel”; and Ms Nadia Darwazeh,
Counsel at Curtis Mallet-Prevost Colt & Mosle
and former Counsel at the ICC Secretariat, on
“The Emergency Measures: provisional measures,
emergency arbitrator, and pre-arbitral referee”.
34 |
The President of the International Court of
Justice (ICJ), Judge Peter Tomka, welcomed
the students in the Historical Reading Room at
the Peace Palace and gave a presentation on the
history and case law of the ICJ. Some students
then attended the hearings taking place at the ICJ
later that day.
ICC Arbitration moot hearing at Clifford Chance, Paris
Judge Peter Tomka
The trip ended with a visit to the Iran-US Claims
Tribunal where Ms Ana Morales Ramos, Legal
Adviser to Judge Herbert Kronke, Ms Tatiana
Sainati, Legal Adviser to Judge Rosemary
Barkett, and Mr Kamal Javadi, Legal Adviser to
Judge Seyed Jamal Seifi, gave a presentation on
the Tribunal and answered questions.
Geneva
At the end of the first semester, once the students
had completed courses on WTO law and dispute
settlement, the class made a formal visit to the
World Trade Organization, meeting with a
Legal Officer of the Legal Affairs Division, Mr
Tommaso Soave.
Prof. Tercier lecturing at the ICC, Paris
Study visit to the Iran-US Claims Tribunal, The Hague
ICC materials for the ICC Arbitration moot
Towards the end of the year, the MIDS class
also visited the World Intellectual Property
Organization (WIPO) Arbitration and
Mediation Center, where Mr Erik Wilbers,
Director of the Center, Mr Ignacio de Castro,
Deputy-Director, and Ms Miriam Mejias, Legal
Case Manager, gave a three-hour seminar on the
Center and its new arbitration rules.
| 35
Career Services
It is an important objective of the MIDS to offer
effective individualized career services. Starting
from week one, individual meetings focus on
preparing a career strategy, improving how to
introduce oneself, developing networking skills,
establishing a professional presence on social
media, and drafting an application letter and a
CV. Throughout the academic year students were
then offered the possibility of being coached in
preparation of the job interviews to which they
were invited. The preparation included mock
interviews recorded on video, followed by a
feedback and debriefing sessions after the real
interview.
These services, which are provided by the MIDS
Executive Director, Diego Gutiérrez, proved
quite successful, as many MIDS students found
positions for their ‘life after the MIDS’ before
the end of the program. 35 out of the 40 students
of the 2013-2014 class were placed in law firms,
arbitral institutions, international organizations,
NGOs and Universities before the Graduation
Ceremony (on 25 September 2014).
36 |
MIDS 2013-2014 graduates currently hold
positions at the International Court of Justice
(ICJ); the International Chamber of Commerce
International Court of Arbitration (ICC);
the United Nations Conference on Trade and
Development (UNCTAD); the Kuala Lumpur
Regional Centre for Arbitration.
Some students have also secured positions in law
firms such as Allen & Overy (Paris); ArbLit
(Milan); Cleary Gottlieb (Paris); Cuatrecasas
(Madrid); Dechert (Paris); Dentons (Warsaw
and Paris); Domanski Zakrzewski Palinka
(Warsaw); Egorov Puginsky Afanasiev and
Partners (Moscow); FTPA (Paris); Ginestié
(Paris); Glimstedt (Vilnius); Hughes Hubbard
& Reed (Paris); King & Spalding (Paris); Lalive
(Geneva); Lévy Kaufmann-Kohler (Geneva);
Luther (Hamburg); Motieka & Audzevicius
(Vilnius); Schellenberg Wittmer (Geneva);
Shearman & Sterling (Paris); White & Case
(Paris); WilmerHale (London); Zul Rafique
& Parnters (Kuala Lumpur). Five students are
pursuing PhD studies at the Graduate Institute and
at the University of Geneva under the supervision
of Prof. Zachary Douglas, Prof. Joost Pauwelyn
and Prof. Gabrielle Kaufmann-Kohler.
Some MIDS 2013-2014 students at work: starting on previous
page: Federica De Luca (ArbLit, Milan); Sevim Berckan
(SchellenbergWittmer, Geneva); Hsien Wu, Alia Algazzar and
Michal Swarabowicz (Phd Candidates, Graduate Institute, Geneva);
Sebastian Wuschka (Luther, Hamburg). On this page from the top:
Maxime Lenoir (International Court of Justice, The Hague); Trisha
Mitra (WilmerHale, London); Ananya Mitra (Allen & Overy, Paris);
Eden Gila (Kuala Lumpur Regional Centre for Arbitration); Yolande
Lagrange (International Chamber of Commerce, Paris); Ana Conover
(UNCTAD, Geneva); Manu Thadikkaran, Malvika Monga, and
Matthias Weger (LALIVE, Geneva).
| 37
Professional and social events
A successful educational experience is not only
about academic content. It also requires the right
atmosphere, friends to share experiences with, and
occasions to enjoy a year away from professional
constraints. For the students it is also important
to build contacts for the future. To meet these
expectations, the MIDS organized a number of
social events, including welcome and farewell
dinners, an Escalade evening, and several cocktail
receptions. Some of these events were attended by
many of the key actors of the Geneva community
of international dispute settlement, allowing
for networking. The students also enjoyed the
traditional asado organized by Prof. Marcelo
Kohen and the International Law Department
of the Graduate Institute. Trips provided further
opportunities to socialize, and the program
concluded with the first ever MIDS alumni
reunion.
MIDS 2013-2014 students also attended a number
of events organized by the University of Geneva
and the Graduate Institute, the Geneva ASA local
group, young practitioner groups such as ICCYAF, and others including the following:
•
•
38 |
Young Attorneys in Alternative Dispute
Resolution (CPR’s Y-ADR) and Winston &
Strawn seminar on “How Are Corporations
Addressing the High Cost of Dispute
Resolution?” (Geneva, 24 September 2013);
World Trade Organization Public Forum on
“Expanding trade through innovation and
the digital economy” (Geneva, 1-3 October
2013);
•
Book presentation on “WTO litigation,
investment arbitration, and commercial
arbitration”, edited by Jorge A. HuertaGoldman, Antoine Romanetti, and Franz
X. Stirnimann (WTO, Geneva, 21 October
2013);
•
Leçon d’adieu of Professor Jean-Michel Jacquet
on “De quelques incertitudes en matière de
droit du commerce international” (Geneva,
25 October 2013);
•
ASA Local Geneva Group on “Arbitrages
concernant des contrats d’intermédiaires”
(7 November 2013);
•
Book presentation on “Arbitration in
Switzerland. The Practitioner’s Guide”,
edited by Manuel Arroyo (Geneva, 18
November 2013);
•
ICC-YAF ICDR Young & International and
Young ICSID, Young Arbitrators Forum
Joint Conference on “Americanization
of International Arbitration: Myth or
Reality?” (Paris, 5 December 2013);
•
ASA Local Geneva Group on “L’arbitrage
Tapie:
problèmes
juridiques
et
procéduraux; quelles conséquences pour
le futur de l’arbitrage international?”
(Geneva, 6 February 2014);
•
ICC - Young Arbitrators Forum / ASA
below 40 on “The winner takes all? Costs
in International Arbitration” (Geneva, 7
February 2014) at LALIVE;
•
University of Geneva Law School conference
with Judge Gilbert Guillaume on “La Cour
Internationale de Justice, présent et avenir”
(Geneva, 12 March 2014);
•
ASA Geneva Local Group on “Arbitrage
global et visions régionales: spécificités
de l’arbitrage du point de vue de l’Asie,
du Moyen-Orient et de l’Amérique latine”
(Geneva, 15 May 2014).
Several MIDS 2013-2014 students acted as
arbitrators in the Willem C. Vis International
Commercial Arbitration Moot in April 2013
in Vienna, specifically, David Khachvani,
Yolande Lagrange, Manu Thadikkaran, Olga
Vishnevskaya, Matthias Weger, Hsien Wu
together with MIDS alumni Josef Ostransky
and Ofer Vallach, and MIDS Lecturer, Dr Réka
Papp.
A group of students took a serious commitment
to run during the MIDS. Some participated in
the well-known l’Escalade race in Geneva (7
December 2013). Yet a group of brave runners
(Ariane Bardout, Yolande Lagrange, Maxime
Lenoir, Malvika Monga, Olga Vishnevskaya,
and Sebastian Wuschka) went further and
participated in the Geneva relay marathon.
Publications
At the time of writing, two of this year’s MIDS
students have published papers drafted at the
MIDS in well-known international journals:
- David Khachvani (MIDS ‘14): ‘Exclusion of
Right to Challenge the Arbitral Award’, Volume 2
(2014), Issue 1, American Journal of International
Trade Law;
Paris A rbitration Academy
The Arbitration Academy was established in
2011 as an initiative of the Comité français de
l’arbitrage. It organizes every year a three week
summer course in Paris for advanced students and
young practitioners interested in international
arbitration. Good applications for admission to
the MIDS program have increasingly been filed
by students having attended the Arbitration
Academy. There is thus an obvious synergy
between the MIDS and the Arbitration Academy,
in which MIDS faculty is also teaching.
Recognizing the importance of its links with
the Arbitration Academy, the MIDS provided a
scholarship to support a student attending the
summer course and delivered a presentation to
the students attending the Arbitration Academy
in the summer of 2014 in Paris. The presentation,
delivered by Prof. Gabrielle KaufmannKohler, and Diego Gutiérrez, took place at the
premises of the World Bank, and was followed
by a cocktail reception in the presence of Prof.
Zachary Douglas and the Secretary-General of
the Arbitration Academy, Prof. Eduardo Silva
Romero.
- Manu Thadikkaran (MIDS ’14): ‘Enforcement
of Annulled Arbitral Awards: What Is and What
Ought to Be?’, Volume 31 (2014), Issue 5, Journal
of International Arbitration.
Prof. Gabrielle Kaufmann-Kohler at
the Arbitration Academy
CPR’s Y-ADR and Winston&Strawn seminar, Geneva
Prof. Zachary Douglas at the Arbitration Academy
| 39
MIDS 2013-2014 Graduation
MIDS A lumni giving back
The Graduation Ceremony for the MIDS 20132014 took place on 25 September 2014 at the
Faculty of Law of the University of Geneva.
Over the last six editions of the MIDS, 62
students from developing economies have received
a generous scholarship covering their tuition fees
and living expenses from a donor institution that
prefers not to be named.
Professor Gabrielle Kaufmann-Kohler opened
the ceremony and gave the floor to Professor
Alexandre Flückiger, Vice-Dean of the Faculty
of Law, who spoke on behalf of the University of
Geneva and the Graduate Institute.
Michal Swarabowicz
Permanent Representative of Ireland to the United
Nations in Geneva and former UN General
Counsel, Ambassador Patricia O’Brien delivered
the keynote speech and Maxime Lenoir gave
the student speech. Finally, Professor Laurence
Boisson de Chazournes handed the diplomas to
the MIDS graduates.
Amboko Wameyo
MIDS A lumni R eunion
For the first time ever, the alumni of the now six
editions of the MIDS (2008-2009 to 2013-2014),
and the students of the class 2014-2015, gathered
for an alumni reunion on 25-27 September 2014
in Geneva.
More than 140 MIDS graduates, out of a total of
207, joined the events. The alumni reunion started
with a gala dinner on 25 September gathering
the alumni, faculty and friends of the MIDS,
among which there were professors from various
Universities in France, Switzerland, and the
United Kingdom, officials from international
organizations and arbitral institutions, and
practitioners from the leading law firms in
France and Switzerland.
40 |
Academic seminar
The events continued on 26 September with
an alumni colloquium focused on career
development in international dispute settlement
practice. The academic part of the reunion
took the form of an academic seminar with
presentations delivered by former and current
MIDS lecturers: Dr Michele Potestà (on
“Issue Conflicts in Investment Arbitration”),
Dr Mamadou Hébié (on “Mootness: A Better
Solution to Successive Claims before Different
Interstate Tribunals?”), and Dr Réka Papp (on
“Corruption and Commercial Arbitration”).
In addition to informal social gatherings,
the reunion provided the opportunity for the
launch of the MIDS Alumni Association that
was celebrated with a BBQ on the shores of lake
Léman.
MIDS 2008-2009 Class, six years later
For all these talented women and men, the MIDS
was a life changing experience. They benefited
from top level specialized education to which
they would never have had access without the
scholarships. For many, the MIDS also opened
the door to a further international experience in
internships and other shorter term positions in
key centres for international dispute setttlement
such as London, New York, Hong Kong, Geneva,
Brussels, Paris or The Hague.
By now many of them have returned to their
home countries. One finds MIDS alumni for
instance teaching at universities in Ethiopia,
Mexico or the Ukraine; working in government
in Armenia or Georgia; praciticing in law firms
in China, Costa Rica, Ecuador, El Salvador,
India, Kazakhstan, Korea, Mexico or Uzbekistan:
working at national or regional organizations such
as the Dubai Chamber of Commerce, the Kuala
Lumpur Regional Centre for Arbitration, or in
NGOs like Oxfam International in Kenya.
Others bring the diversity of their home countries
combined with the competence acquired at
the MIDS to institutions such as the European
Court of Human Rights, or the Iran-US Claims
Tribunal, or to international organizations
like United Nations Conference on Trade and
Development, the World Trade Organization and
the World Intellectual Property Organization.
All these examples show that investing in capacity
building in developing societies produces results
and that the MIDS alumni are giving back to
their home countries through their engagement
in international dispute settlement in many
capacities and places.
Beka Injia, Georgian International Arbitration Centre
Geraldina Mendoza, Saenz & Asociados, El Salvador
Kamala Chhetri, ZTE, Nepal
Ndanga Kamau, OXFAM, Kenya
| 41
IV. New Developments
IV. New Developments
2014-2015
The MIDS 2014-2015 edition has started with 35
students from 24 countries. It features a number
of novelties, among which one may emphasize
the addition of intensive courses on Ethics in
International Arbitration by Prof. Catherine
Rogers (Penn State Law), and on Contract Law
in International Commercial Arbitration by Prof.
Laurent Aynès (Université Paris I, PanthéonSorbonne).
Starting in 2014-2015, the University of Geneva
Law School has increased its offer of optional
courses taught in English. Therefore, courses such
as International Commercial Arbitration with
Prof. Gabrielle Kaufmann-Kohler, WTO Law
and Practice with Prof. Gabrielle Marceau, or
International Litigation with Prof. Gian Paolo
Romano, previously taught in French, will be
offered in English for the first time. This will
undoubtedly open their doors to many more
MIDS students than before.
The 2014-2015 MIDS Opening Lecture
was delivered by Mr Toby Landau QC on
“Codification, Harmonisation, and Other
Misadventures”. The remaining MIDS Lectures in
2014-2015 will bring to Geneva the ICJ President,
Judge Peter Tomka (25 March 2015), and Mr
Salim Moollan (23 April 2015).
A series of MIDS seminars are scheduled, in
particular with the Secretary-General of ICSID,
Mrs Meg Kinnear, and with the Deputy
Secretary-General of the Permanent Court of
Arbitration (PCA), Mr Brooks Daly.
2015-2016
New intensive courses will be introduced for
the 2015-2016 edition of the MIDS, including
Selected Topics of International Commercial
Arbitration, with Prof. Gary Born (WilmerHale);
Public Policy in International Arbitration, with
Prof. Jan Kleinheisterkamp (LSE); Investment
Treaty Law and Arbitration, with Prof. Anthea
Roberts (Columbia Law School and LSE); and
Class, Mass and Collective Arbitration, with Prof.
S.I. Strong (University of Missouri Law School).
The academic year 2015-2016 will also mark
the start of a cooperation with the International
Arbitration Program of Tsinghua University
Law School led by Dr Teresa Cheng. The
cooperation will inter alia include that two
students having already attended one year of the
Tsinghua program may join the MIDS.
The MIDS will also launch a series of sessions with
leading figures of the arbitration world under the
heading Q&A sessions for Star Arbitrators. The
“stars” will express their views on the evolution
of international dispute settlement and share their
vision of the future, in addition to telling “war
stories” from well known cases. The first one of
these stars will be Prof. Jan Paulsson, who will in
particular address issues discussed in his book The
Idea of Arbitration.
| 43
V. The CIDS
V. The CIDS
Activities in 2013-2014
Purpose
This academic year has witnessed the establishment of the Center for International
Dispute Settlement (CIDS), a joint research center of the Graduate Institute of
International and Development Studies and the University of Geneva. The CIDS
will essentially be devoted to research activities and provide a platform for high
level exchanges on cutting edge issues in contemporary dispute resolution. It is
mainly expected:
• To provide an intellectual home for scholars, PhD and MIDS students engaged
in research in international dispute settlement in Geneva;
• To engage in and coordinate collaborative research projects;
In 2013-2014, the CIDS participated in the
organization of an international conference
together with the International Arbitration
Institute (IAI) and UNCITRAL. It also saw the
launch of its first research project.
IAI-CIDS-UNCITRAL Conference
Held on 22 November 2013 at the Cercle de
l’Union Interalliée in Paris, the conference
examined concurrent proceedings in investment
treaty arbitrations brought by shareholders. It
was presided by Prof. Emmanuel Gaillard (IAI),
Mr Renaud Sorieul (UNCITRAL), and Prof.
Gabrielle Kaufmann-Kohler (CIDS).
Multiple proceedings about the same or related
dispute(s) are one of the most striking characteristics
of present day international dispute settlement.
They raise significant concerns in terms of waste
of resources, risks of conflicting outcomes and of
multiple recovery. The conference focused on one
source of multiple proceedings, namely shareholder
claims in investment treaty arbitrations.
After a review of the topic presented by Prof.
Zachary Douglas and Mr Daniel Price,
the conference focused on claims brought by
shareholders having distinct economic interests
(Messrs Mark Clofelter and Salim Moollan)
which was then contracted with the situation
where claimant shareholders have the same
economic interests (Prof. Hervé Ascensio and
Dan Sarooshi).
It is hoped that the conference, which was very
well attended, including by MIDS students, has
laid the groundwork for further reflection on a
major challenge faced by international dispute
settlement.
• To run seminars for doctoral students from Geneva and elsewhere to allow
them to share research results and views; and,
• To organize academic conferences as well as expert colloquia;
Other activities and projects will undoubtedly emerge over time.
The CIDS is placed under the leadership of Prof. Zachary Douglas and Prof.
Gabrielle Kaufmann-Kohler.
IAI-CIDS-UNCITRAL Conference
44 |
| 45
Research project
The Swiss National Science Foundation awarded
a research grant for a project led by Prof.
Zachary Douglas and Prof. Shalini Randeria
of the Graduate Institute, on behalf of the CIDS,
analyzing the impact of international investment
treaties and arbitration on governance in four
countries: Argentina, Czech Republic, India,
and Mexico.
The project aims at explaining the increasing
embrace of investment treaties by both capitalimporting and capital-exporting states over
the past two decades. This proliferation begs
explanation in the absence of conclusive evidence
of the effect that treaties have substantial positive
impacts on the inflow of foreign investment. The
lack of such evidence coupled with concerns about
the transparency of the arbitral process and the
legitimacy of international review of domestic
regulation and policies more generally, raises
serious questions about the sustainability of the
current system of investment protection over the
long term.
The project is based on the hypothesis that an
exclusive focus upon the economic effect of
investment treaties may not reveal their impact.
It therefore seeks to examine the impact of
investment treaties upon governance, specifically
whether the treaties contribute to an increased
observance of the rule of law and an improvement
in the quality of domestic institutions, or whether
it contributes to regulatory chill such that
legitimate and necessary reforms are not pursued
due to fear of provoking expensive international
litigation.
The project involves an analysis of case studies in
four countries, including through interviews with
government officials, lawyers, members of NGOs
and the civil society, as well as with journalists, in
order to understand how international investment
treaties and arbitration create and influence
domestic policy decision-making.
The research team includes Prof. Jaivir Singh,
Dr Facundo Pérez Aznar, Dr Edna Ramírez
Robles, and Mr Josef Ostransky.
PluriCourts
The CIDS hosted a PluriCourts workshop with
experts on international trade law to discuss issues
with regard to the legitimacy of international
trade tribunals.
The meeting was part of a book project and the
authors present included: Prof. Geir Ulfstein
(University of Oslo); Prof. Laurence Boisson de
Chazournes (University of Geneva Law School);
Prof. Hélène Ruiz Fabri (University of Paris
I-Sorbonne); Prof. Robert Howse (New York
University); Prof. Joost Pauwelyn (Graduate
Institute); Prof. Gabrielle Marceau (WTO
and University of Geneva Law School); Dr
Michelle Zang (University of Oslo); Ms Victoria
Donaldson (WTO); Ms Marisa Goldstein
(WTO); Mr Reto Malacrida (WTO); Prof. Pieter
Jan Kuijper (University of Amsterdam); Prof.
Halvard Haukeland Fredriksen (University of
Bergen); Judge Donald Pogue (United States
Court of International Trade); Prof. Maureen
Irish (University of Windsor); Prof. James Thuo
Gathii (Loyola University Chicago); Dr Illy
Ousséni (University of Oxford and Princenton
University); Dr Rilka Dragneva (University
of Birmingham); Associate Professor Michael
Ewing-Chow (National University of Singapore);
Ms Ranyta Yusran (National University of
Singapore); Mr Miguel Villamizar (WTO); and
Prof. Paula Wojcikiewicz Almeida (Foundation
Getúlio Vargas, Rio de Janeiro Law School).
Activities in 2014-2015
2015 International Conference
In addition to engaging in various activities,
including launching doctoral seminars in the
spring of 2015, the CIDS will organize an
international conference about “International
dispute settlement at the crossroads of
public and private international law”, on 25
September in Geneva. The topic is reflective
of the MIDS approach, which from the start
has focused on a horizontal view of dispute
settlement across the public-private divide.
The keynote speech will be delivered by
Prof. Horatia Muir Watt (Sciences-Po Paris).
Thereafter, Prof. José Alvarez (New York
University) will address “Public and private
paradigms in investment treaty arbitration”,
followed by Prof. Joost Pauwelyn (Graduate
Institute of International and Development
Studies) on “The intersection between the trade
and investment regimes” and Prof. Campbell
McLachlan (Victoria University of Wellington)
and Prof. Zachary Douglas (Graduate Institute
of International and Development Studies/
MIDS), who will discuss “International
arbitration and domestic litigation: conflicts,
coordination and international responsibility”.
For each topic, several discussants will provide
their comments prior to a floor discussion.
CIDS ICC YAF Conference
Following the 2015 international conference, on
Saturday, 26 September, the CIDS will organise
an ICC YAF event on Investment Arbitration
in Practice.
Both the International Conference and the CIDS ICC-YAF event will take place at Maison de la Paix
PluriCourts workshop at Villa Moynier
46 |
| 47
Thank you!
The success of the MIDS is the result of combining a world-class faculty, outstanding students, a
dedicated staff, and two internationally renowned academic institutions. It is also due to the help of
many who are not named in this report but whose contribution is indispensable. Be they in Geneva,
London, Milan, Neuchâtel, Fribourg, Paris, The Hague, or elsewhere, they deserve our utmost gratitude:
Daniel Agulleiro, Laurence Algarra-Al Madhoun, Edgardo Amato, Danièle Avanthay, Tatiana Avanthay,
Anicet Banka Bigero, Martine Basset, Viviane Belarmino da Silva, Jonathan Benarrous, Vilmante
Blink, Jansen Calamita, Concepta Canale, Dimitri Cattiaut, Nadia Ceccon, Jasmine Champenois,
Bruno Chatagnat, Christine Collet Mendy, Géraldine Cour, Anne-Catherine Crottaz, Jean-David
Curchod, Ruben da Silva Sampaio, Solène Debely, Philippe de Castro, Ahidoba de Franchi, Songea
Dehne, Dany Diogo, Dimitri Donzé, Paola Eicher, Marie-Pierre Flotron, Frederic Forrat, Christel
Gallay Caudet, Vincent Gessler, Antonella Ghio, Bénédicte Gilbert, Anouk Gillabert, Rico Glaus,
Cédric Golay, Stéphanie Hausherr, Suzanne Hofmann, Jennifer Hou, Sophie Huber Kodbaye, Kamelia
Kemileva, Sonia Kessler, Jean-Jacques Kronneberg, Jacques Lambert, Marie-Laure Lehnig, Carine LeuBonvin, Laetitia Lisena, Corinne Llorente, Joël Lucas, Genoveva Madurga, Claudia Mansaray, Silvia
Mazzeo, Alexander McLin, Mathieu Mégroz, Neil Mills, Bruno Montpellier, Catherine Morel, Maire
Ni Mhaidin Kiiamov, Françoise Pasquier, Arthur Pasquier, Christine Passerat, Stéphanie Petruzzeli,
Aurélie Querment, Daniela Renggli, Yannick Rivière, Gregory Rohrer, Marta Rosa, Gemma Rosell,
Jeanne Ruch, Jason Rudall, Henry Salvador, Jasmine Sansonnens, Antonio Santangelo, Lucia Santucci,
Claudia Saviaux Druliolle, Mallory Schaub-Geley, Céline Sclavo, Eric Severac, Samuel Sobrino,
Ruggero Soldini, Marguerite Tadorian, Valérie Thabuis, Philippe Tinguely, Nathalie Trunk, Diane
Valk-Schwab, Aisling Vaughan, Elie Zagury.
48 |
Geneva LL .M. in Internationa l Dispute Sett lement (MIDS)
A joint progra m of:

MIDS 2013-2014 Annual Report

Transcription

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