ICSID and the Abu Dhabi Global Market (ADGM) have partnered on a joint conference that will gather leading arbitrators and practitioners from across the region and globally under the theme of “Investment Treaty Arbitration in the Middle East”. The day prior (March 16, 2022) ADGM is presenting RESOLVE 2022: Abu Dhabi Dispute Resolution Forum and participants are welcome to join both events. A networking reception will be held on the evening of March 16 for participants of both conferences.
9:15 - 10:00 am
10:00 - 10:10 am
Welcome and Opening Remarks
Speakers: Linda Fitz-Alan, Registrar and Chief Executive of ADGM Courts (Abu Dhabi), and Meg Kinnear, Secretary-General of ICSID (Washington, DC)
10:10 - 10:55 am
Importance and Evolution of Investment Treaties and ISDS Provisions
Speaker: Alain Farhad, Partner, Mayer Brown (Dubai)
In this Ted-style-talk, Mr. Farhad will provide an introduction to international investment treaties in the Middle East region, explaining why they are significant for Middle East economies, what investors and counsel should be aware of, and how disputes under these agreements are resolved.
10:55 - 11:15 am: Coffee Break
11:15 am - 12:30 pm
Notion of Investment: Definition, Legality, and Corruption
Moderator: Yehia Shahine, Head of Arbitration, Alieldean Weshahi & Partners (Cairo)
Karim Hafez, Independent Arbitrator (Cairo)
Ziya Akinci, Partner, Akinci Law (Istanbul)
Sabrina Aïnouz, Partner, Squire Patton Boggs (Paris)
Floriane Lavaud, Counsel, Debevoise & Plimpton (New York)
This session will explore the notion of investment—i.e. how it is defined in international instruments and by tribunals. It will also look at the investment legality requirement and the issue of corruption, and how these are invoked by parties and addressed by tribunals in investment arbitration.
12:30 - 1:45 pm: Lunch Break
1:45 - 2:45 pm
State-Owned Enterprises in Investment Arbitration
Moderator: Jennifer Younan, Partner, Shearman & Sterling (Paris)
Hussein Haeri, Partner, Withers (London)
Sami Tannous, Partner, Freshfields (Dubai)
Andrea Menaker, Partner, White & Case (London)
Lara Hammoud, Senior Legal Counsel, Abu Dhabi National Oil Company / Independent Arbitrator (Abu Dhabi)
This session will examine SOEs as respondents in investment arbitration, including issues of State attribution. It will also look at SOEs as investors/claimants, and the related questions of jurisdiction.
2:45 - 3:45 pm
Advocacy Insights from Different Perspectives: Investors, States, Tribunals, and Institutions
Moderator: Mohamed Abdel Wahab, Partner, Zulficar & Partners (Cairo)
Meg Kinnear, Secretary General of ICSID (Washington, DC)
Fatma Fathy Khalifa, Member, UNCITRAL Secretariat, on Secondment from the Egyptian Government (Vienna)
Nada Sader, Partner, Derains & Gharavi (Beirut)
Reza Mohtashami QC, Partner, Three Crowns (London)
In this dynamic conversation, speakers will share their experience with advocacy techniques and approaches from different perspectives—i.e. as counsel, government, arbitrator, and administering institution.
3:45 - 4:00 pm
Speaker: John Gaffney, Senior Counsel, Al Tamimi (Abu Dhabi)
4:00 pm: Thank You and Adjourn to Reception
Linda Fitz-Alan, Registrar and Chief Executive of ADGM Courts (Abu Dhabi)