MIDS 2014-2015 Annual Report

MIDS 2014-2015 Annual Report

MIDS 2014-2015 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. We do hope that you will find this annual report of interest; it seeks to convey a detailed account of the MIDS experience and the people involved.

Gabrielle Kaufmann-Kohler Program Director

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

MIDS 2014 - 2015 | Annual Report

Contents

Contents

Table of Contents I. Executive Summary______________________ The year in a nutshell........................................ 7 Life after the MIDS.......................................... 8 The CIDS......................................................... 9 II. The MIDS program_____________________ Overview........................................................ 11 Curriculum..................................................... 12 Administration............................................... 13 III. The 2014-2015 MIDS edition____________ Students......................................................... 15 Professors........................................................ 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 Academic retreat.......................................... 32

Conferences................................................. 33 Study trips and visits................................... 34 Career services................................................ 36 Professional and social events.......................... 38 Paris Arbitration Academy.............................. 39 2014-2015 Graduation................................... 40 Alumni all over the world............................... 41 IV. New Developments_____________________ 2015-2016...................................................... 43 2016-2017...................................................... 43 V. The CIDS_____________________________ Purpose........................................................... 44 Activities in 2014-2015.................................. 45 CIDS Conference........................................ 45 CIDS - ICDR Y&I Debate......................... 46 Internet Disputes Conference...................... 46 CIDS ICC YAF Conference........................ 46 CIDS PhD Seminars................................... 47 Research projects......................................... 47

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I. Executive Summar y The year in a nutshell In 2014-2015, 35 students from 23 nationalities were admitted to the seventh edition of the Master in International Dispute Settlement (MIDS). The 2014-2015 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 15 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. Emmanuel Gaillard; Arbitration in the United States with Prof. William W. Park; EU Law and International Arbitration with Prof. George A. Bermann; The French Law on International Arbitration with Prof. Jean-Michel Jacquet; Contract Law in International Commercial Arbitration with Prof. Laurent Aynès; Arbitration in Latin America with Prof. Eduardo Silva Romero; Arbitration in China with Prof. Lu Song; The Arbitration Agreement in International Commercial Arbitration with Prof. Sébastien Besson; Sports Arbitration with Prof. Antonio Rigozzi; WTO Dispute Settlement with Prof. Gabrielle Marceau; Ethics in International Arbitration with Prof. Catherine Rogers; Philosophical Questions in International Arbitration with Prof. Thomas Schultz; and International Litigation with Prof. Gian Paolo Romano. • Optional courses: each MIDS student took at least 2 from a choice of 30 different courses on international law and dispute settlement offered by the Graduate Institute

and the University of Geneva Law School. The most popular among MIDS students were: International Commercial Arbitration with Prof. Gabrielle Kaufmann-Kohler; Droit de l’OMC with Prof. Gabrielle Marceau; International Trade Law, and also International Investment Law with Prof. Joost Pauwelyn; and Corporate Responsibility in Transnational and International Law with Prof. Zachary Douglas. • Workshops: all students attended the workshops on 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 for International Arbitration Advocacy (FIAA). • Seminars: students enjoyed seminars on The International Tribunal for the Law of the Sea (ITLOS) with Prof. Tullio Treves; InterState Mediation with Prof. Nicolas Michel; The International Centre for Settlement of Investment Disputes (ICSID) with Ms Meg Kinnear; The Permanent Court of Arbitration (PCA) with Mr Brooks W. Daly; and The Functioning of the Appellate Body and the Role of the WTO and its Dispute Settlement System in International Coherence with Mr Ujal Bhatia. • Lectures: the MIDS held three public lectures on: “Codification, Harmonisation and Other Misadventures” with Mr Toby Landau QC; “The World Court’s Contribution to the Development of the Law of State Responsibility: The Court’s Interactions with the ILC” with Judge Peter Tomka; and “The New UNCITRAL Rules and Convention on Transparency in International Arbitration - Benefits and Challenges” with Mr Salim Moollan.

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Annual Report | MIDS 2014 - 2015

• Conferences: MIDS students attended a number of conferences both in Switzerland and abroad, including: LALIVE lecture with Mr Gary Born on “A New Generation of International Adjudication: Reflections on Developments in International Law” (Geneva, 7 October 2014); UNCTAD World Investment Forum on “Investing on Sustainable Development”, (Geneva, 13-16 October 2014); University of Neuchâtel Conference on “New developments in International Commercial Arbitration in 2014” (Neuchâtel, 14 November 2014); 35th Annual Meeting of the ICC Institute of World Business Law, on “Addressing Issues of Corruption in Commercial and Investment Arbitration” (24 November 2014); 5th Milan Arbitration Chamber (CAM) Annual Conference, on “Oil, gas and renewable energies investment projects: interaction between rules of law and arbitration” (Milan, 28 November 2014); ASA Annual Conference 2015 on “The Arbitrator’s initiative: When, Why and How Should it Be Used?” (Geneva, 6 February 2015); ASA below 40 / ICC YAF Seminar on “Striving for Efficiency in Complex Dispute Management” (Geneva, 5 March 2015); 15th WTO Annual Conference at the British Institute of International and Comparative Law (BIICL) (London, 6-7 May 2015);

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24th BIICL Investment Treaty Forum on “The European Union’s Investment Treaties in Global Context” (London, 8 May 2015); X Congreso Internacional del Club Español del Arbitraje (CEA) (Madrid, 8-10 June 2015). • 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 Dr Bernd Ehle, Dr Xavier Favre-Bulle, Mr Elliott Geisinger, Mr Pierre-Yves Gunter, Dr Mamadou Hébié, Mr Joachim Knoll, Dr Réka Papp, Dr Michele Potestà, Mr David Roney, Prof. Thomas Schultz, and Dr Franz Stirnimann.

Life after the MIDS Before the graduation day, on 24 September 2015, 80% of the MIDS 2014-2015 class had secured positions in international institutions, law firms and governments. MIDS 2014-2015 graduates hold positions at the International Chamber of

Commerce International Court of Arbitration (ICC, Paris); the Singapore International Arbitration Centre (SIAC, Singapore); the United Nations Conference on Trade and Development (UNCTAD); the World Intellectual Property Organization (WIPO, Singapore); the World Trade Organization (WTO). In law firms such as Ashurst (Melbourne); Baker & McKenzie (Frankfurt); Clifford Chance (Frankfurt); Coccia De Angelis Pardo & Associati (Rome); Curtis Mallet-Prevost Colt & Mosle (New York); Dechert (Paris); Freshfields Bruckhaus Deringer (Dubai, Paris); Froriep (Geneva); Hanotiau & van den Berg (Brussels); Hergüner Bilgen Özeke (Istanbul); K&L Gates (Warsaw); Lalive (Geneva); Quinn Emanuel Urquhart & Sullivan (Paris); Shearman & Sterling (Paris); White & Case (Frankfurt); and Wilmerhale (London), among others.

The CIDS The Center for International Dispute Settlement (CIDS) was very active in 2014-2015 with the organization and co-organization of several academic conferences, the launch of the CIDS PhD seminars and the conduct of academic research.

CIDS Conference The highglight of the year at CIDS was the organization of its first major international conference in Geneva, on 25 September 2015. More than 250 participants gathered at the Graduate Institute Ivan Pictet Auditorium to attend the CIDS conference on International Dispute Settlement at the Crossroads of Public and Private International Law. The program convened as speakers: Prof. Horatia Muir Watt, Prof. Jose Alvarez, Prof. Stephan Schill, Prof. Marcelo Kohen, Mr Jeremy Sharpe, Prof. Joost Pauwelyn, Prof. Donald McRae, Prof. Roger Alford, Prof. Laurence Boisson de Chazournes, Prof. Campbell McLachlan, Prof. George A. Bermann, Prof. Pierre Mayer, Prof. Jan Kleinheisterkamp, Prof. Gabrielle Kaufmann-Kohler, Prof. Zachary Douglas,

and Prof. Dan Sarooshi.


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. 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.

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 2011-2012, 37 students from 27 countries. In 2012-2013, the class had 34 students representing 26 nationalities. In 2013-2014 the class was composed of 40 students from 26 countries, the same number of different origins of the 35 students of the 20142015 batch. 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 structure of the program is largely elective, offering students latitude to pursue their specific interest in dispute settlement while keeping within parameters set to ensure the acquisition of the indispensable knowledge in the field. The program

Professor Emmanuel Gaillard

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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.

Administration Program Director Prof. Gabrielle Kaufmann-Kohler Committee Prof. Laurence Boisson de Chazournes Geneva University Law School Prof. Zachary Douglas Graduate Institute Prof. Gabrielle Kaufmann-Kohler Geneva University Law School Prof. Marcelo Kohen Graduate Institute Executive Director Diego Gutiérrez Lecturers Dr Mamadou Hébié Dr Réka Papp Coordinator Evelyne Bryden

Visit to the WIPO Arbitration and Mediation Center


III. The 2014 - 2015 MIDS edition

III. The 2014 - 2015 MIDS edition Students For the 2014-2015 edition of the MIDS program, about 300 applications were submitted. The final class was composed of 35 students, aged 27 years old on average, and representing 23 countries. Out of the 35 students who participated in the MIDS in 2014-2015, 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.

Age Distribution 7 6 5 4 3 2 1 0

23

24

25

26

27

28

29

30

32

33

35

36

42

Gender distribution

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MIDS students in 2014-2015:

Amr ARAFA (Egypt) Mariam BAKRADZE (Georgia) Kerim BAYAT (Turkey) Kalaycia CLARKE (Jamaica) Guillermo CORONADO (Mexico) María DE LA TORRE (Spain) Eva FAUZIAH (Indonesia) Jeanne GONIN (France) Shreya GUPTA (India) Katarzyna GUZIAK (Poland) Stephanie HUNT (Australia) Marzia IOSINI (Italy) Pablo JAROSLAVSKY (Argentina) Brigitta JOHN VALLICKAD (India) Malgorzata JUDKIEWICZ (Poland) Elisabet KARLSSON (Sweden) Michela LAVIANI MANCINELLI (Italy)

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Female

Male

Tamal MANDAL (India) Sandra MARCOVICI (Romania) Sean McCARTHY (Ireland) Fahimeh MORADI (Iran) Sara María MORENO SANCHEZ (Peru) Tomás NAVARRO BLAKEMORE (Spain, Switzerland) Fernando PÉREZ LOZADA (Mexico) Shruti SABHARWAL (India) Manu SANAN (India) Bhushan SATISH (India) Christine SIM (Singapore) Iveta STEFANKOVA (Slovakia) Artis STRAUPENIEKS (Latvia) Zehaan TRIVEDI (India) Denys YEHOROV (Ukraine) Patrycja ZOLEDZIEWSKA KOLWAS (Poland) Elizabeth ZORILLA (Mexico)

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Professors

Courses

Among the new professors and those returning to lecture at the MIDS in 2014-2015 one counts Prof. Emmanuel Gaillard (Visiting Professor, Yale Law School ; Chair of Shearman & Sterling international arbitration practice; Chair of the International Arbitration Institute); Prof. Eduardo Silva Romero (Partner, Dechert LLP; Professor, Rosario University, Bogotá; Lecturer at Sciences Po, Paris); Prof. Lu Song (Associate Professor, China Foreign Affairs University, Beijing; Vice President, Chinese Society of Private International Law); Prof. Gian Paolo Romano (Associate Professor University of Geneva Law School); and Prof. Catherine Rogers (Paul and Marjorie Price Faculty Scholar and Profesor of Law, Penn State Law; Director, Institute for Ethics, Regulation & The Rule of Law, Queen Mary University of London).

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 (Professor, Geneva University Law School); Prof. Gabrielle Kaufmann-Kohler (Professor, Geneva University Law School); Prof. Marcelo Kohen (Professor, Graduate Institute); Prof. Zachary Douglas (Associate Professor, Graduate Institute); Prof. Pierre Tercier (Honorary Professor, University of Fribourg); Prof. Albert Jan van den Berg (Professor, Erasmus University, Rotterdam; Partner, Hanotiau & van den Berg); Prof. William W. Park (Professor, Boston University); Prof. Jean-Michel Jacquet (Honorary Professor, Graduate Institute); Prof. Sébastien Besson (Professor, University of Neuchâtel; Partner, Lévy Kaufmann-Kohler); Prof. Gabrielle Marceau (Counsellor, WTO; Associate Professor Geneva University Law School); Prof. Antonio Rigozzi (Professor, University of Neuchâtel); and Prof. Thomas Schultz (Professor, Graduate Institute; Reader, King’s College).

General Courses

Professor Laurence Boisson de Chazournes

The organization of international dispute settlement (General Course 1) Prof. Laurence Boisson de Chazournes, University of Geneva Law School Professor Gabrielle Kaufmann-Kohler

Professor Marcelo Kohen

Prof. Gabrielle Kaufmann-Kohler, University of Geneva Law School What types of disputes give rise to disputes 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. International Course 2)

Legal

Proceedings

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).

(General

Prof. Zachary Douglas, Graduate Institute Prof. Marcelo Kohen, Graduate Institute

Professor Zachary Douglas

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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.

issues (i.e. jurisdiction, provisional remedies, equal treatment, evidence, enforcement), this course reviews these aspects with an eye to comparisons and contrasts.

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 processes raise similar

Réka Papp and Mamadou Hébié

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Intensive Courses

The Arbitration Agreement in International Commercial Arbitration

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). Students chose on average 10 intensive courses (8 being required) out of 15 intensive courses available in 2014-2015. The courses offered in 2014-2015 are listed below in decreasing order of number of attendants:

ICC Arbitration Prof. Pierre Tercier

The New York Convention of 1958

Honorary Chairman, ICC International Court of Arbitration; Honorary Professor, University of Fribourg

Prof. Albert Jan van den Berg

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 20’000 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 in Paris.

Professor Pierre Tercier

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Prof. Sébastien Besson Professor, University of Neuchâtel;artner, Lévy Kaufmann-Kohler 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.

Contract Law in International Commercial Arbitration Prof. Laurent Aynès

Professor, Erasmus University, Rotterdam; Partner, Hanotiau & van den Berg; General Editor, Yearbook Commercial Arbitration 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 Sébastien Besson

Professor, University of Paris I, PanthéonSorbonne

Professor Laurent Aynès

ICSID Arbitration

Every dispute giving rise to a commercial arbitration arises out of a contract and calls for the tribunal to apply and interpret such contract. How do arbitrators deal with contract issues? Taught by a foremost contract law academic with significant arbitration experience, this course reviewed topics that are recurrent before arbitral tribunals including interpretation, default and termination, liability, waivers and limitations of liability, force majeure and changed circumstances, and damages.

Prof. Emmanuel Gaillard Visiting Professor, Yale Law School ; Chair of Shearman & Sterling international arbitration practice; Chair of the International Arbitration Institute

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 Emmanuel Gaillard

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Professor Antonio Rigozzi

International Litigation Prof. Gian Paolo Romano

Sports Arbitration

EU Law and International Arbitration

Prof. Antonio Rigozzi

Prof. George A. Bermann

Professor, University of Neuchâtel; Partner, Lévy Kaufmann-Kohler

Walter Gellhorn Professor and Jean Monnet Profesor, Columbia Law School

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. MIDS students were introduced to these different procedures and also had the opportunity to discuss their impact on the rights of athletes.

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.

Associate Professor, University of Geneva Law School 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.

Arbitration in Latin America Prof. Eduardo Silva Romero Partner, Dechert LLP; Professor, Rosario University, Bogotá; Lecturer at Sciences Po, Paris The increasing number of arbitrations involving Latin American parties has raised many important issues in respect of the development and clarification of investment and commercial arbitration. This course identified the specificities and similarities of arbitration in Latin America compared to the general transnational trends.

Professor Gian Paolo Romano

WTO Dispute Settlement

Professor Eduardo Silva Romero

Prof. Gabrielle Marceau

Arbitration in the US

Counselor, WTO Legal Affairs Division; Associate Professor, University of Geneva Law School

Professor Gabrielle Marceau

Prof. William W. Park Professor, Boston University; President, LCIA

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. Professor William W. Park

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Professor George A. Bermann

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.

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Philosophical Arbitration

Questions

in

International

Prof. Catherine Rogers

Prof. Thomas Schultz Reader in Commercial Law, King’s College London; Professor, Graduate Institute

Professor Thomas Schultz

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.

Arbitration in China Prof. Lu Song Associate Professor, China Foreign Affairs University, Beijing; Vice President, Chinese Society of Private International Law In China, arbitration is marked by Confucianism, which promotes a spirit of consensus often considered at odds with the very notion of arbitration, and by certain significant but largely ignored specificities, such as the prohibition of ad hoc arbitration and of foreign arbitration institutions, and the fact that only about half of the awards rendered are effectively enforced. Students taking Arbitration in China had the opportunity to understand the distinctivenss and got insights into the Chinese law and practice of arbitration.

Ethics in International Arbitration Paul and Marjorie Price Faculty Scholar and Profesor of Law, Penn State Law; Director, Institute for Ethics, Regulation & The Rule of Law, Queen Mary University of London Despite international arbitration’s impressive growth and obvious maturation in recent years, many unanswered questions remain about the ethical duties and professional conduct of these participants in arbitral processes. What is the source of their ethical duties? National ethical rules or laws? If so, which national rules and laws? What happens if, as it is often the case, there are conflicting national rules in the same proceedings? Who would or should or could sort out those conflicts? What specialized international ethical rules exist and are others needed? If so, what is their relationship to existing national rules and laws?

Who should promulgate internaitonal ethical rules, and how should their content be derived? Who would enformce them? And finally, why does this all matter? This course introduced students to the practical issues that give rise to these most salient questions about ethics in international arbitration and to develop working responses with respect to arbitrators, counsel, third-party funders and expert witnesses.

Professor Catherine Rogers

MIDS facilities at the University of Geneva and the Graduate Institute

Professor Lu Song

French Law on International Commercial Arbitration Prof. Jean-Michel Jacquet Honorary Professor, Graduate Institute of International and Development Studies

Professor Jean-Michel Jacquet

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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.

Villa Moynier

Auditorium Jacques Freymond

Unimail

Maison de la Paix

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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. The courses listed below are those most attended by MIDS students in 2014-2015, listed by descending MIDS attendance numbers: International Commercial Arbitration Prof. Gabrielle Kaufmann-Kohler Professor, University of Geneva Law School Nowadays arbitration is the settlement method for disputes arising in international commerce and Switzerland is one of the foremost arbitration places worldwide. This class reviewed all issues raised in international arbitration proceedings following the chronology of the arbitral process. It starts with distinguishing arbitration from other dispute resolution mechanisms, stressing its specific features and why parties choose arbitration over other methods, and outlining the often multinational and transnational legal framework of arbitration. It then examined the arbitration agreement, the constitution of the tribunal, the fundamental principles and procedures governing before the arbitrators, the law applied by the arbitral tribunal to resolve the dispute, the content of the award, and finally the remedies available against an arbitral award, be it at the annulment or the enforcement stage abroad. The class mixed theoretical and practical aspects, the theory being illustrated with examples drawn from the extensive practical experience of the Professor. 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 24 |

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. WTO Law and Practice Prof. Gabrielle Marceau Associate Professor, University of Geneva Law School This course focused on legal aspects of the World Trade Organization. It was structured around broad themes: the origin of today’s multilateral trading system, spanning the period from the post-WWII adoption of the GATT (the General Agreement on Tariffs and Trade) up to and including the creation of the WTO in 1995; the WTO’s role and purpose, both as a governance forum for discussion among its membership of all trade-related issues and as an international institution in its own right; certain of the most interesting and signficant WTO-adjudicated international trade disputes, looking especially at how the Appellate Body has grown into a widely

celebrated “Court of highest appeal” in international economic law; and finally, the WTO as a truly “avant-garde” organization, looking especially at recent developments in the areas of trade in services and trade in intellectual property, and reflecting again on the strengths and weakenesses of the WTO’s distinct approach to global governance. Current issues of international law through the case-law of the International Court of Justice Prof. Makane Mbengue Associate Professor, University of Geneva Law 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, ITLOS, ICSID, the PCA and human rights courts. Corporate Responsibility in Transnational and International Law Prof. Zachary Douglas Associate Professor, Graduate Institute International and Development Studies

of

As the activities of corporations often transcend national frontiers, 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.

WIPO and International Intellectual Property Law Prof. Edward Kwakwa Visiting Professor, Graduate Institute International and Development Studies

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 Prof. Joost Pauwelyn Professor, Graduate Institute of International and 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 Prof. Joost Pauwelyn Professor, Graduate Institute of International and Development Studies Economic independence between countries and across production chains continues to grow. In | 25


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. International Sale of Goods Prof. Christine Chappuis Professor and Dean, University of Geneva Law School The 1980 UN Convention on the International Sale of Goods (CISG) provides a uniform law for the international sale of goods covering three quarters of the world. Together with the UNIDROIT Principles of International Commercial Contracts, both texts constitute a modern set of rules on the sales contract and on the contract in general. The course studied those rules on the basis of cases drawn from state and arbitral courts’ decisions from jurisdictions all over the world. International Litigation Prof. Gian Paolo Romano Assistant Professor, University of Geneva Law School Global economy generates an increasing number of cross-border disputes, a large proportion of which are still today litigated before domestic courts. This course gave an overview of the unique dimension of international litigation, particularly in the commercial context. It addressed primarily critical jurisdictional issues, including mechanisms 26 |


to handle parallel proceedings, as well as problems associated with the recognition and enforcement of foreign decisions, injunctive and other interim relief, often crucial to multijurisdicitonal litigation practice, and general aspects of the so-called international judicial assistance, notably crossborder service and taking evidence abroad.

Additional Learning Opportunities and Events Workshops

Droit international des investissements Prof. Makane Moïse Mbengue Le droit international des investissements est sans aucun doute le champ le plus important et le plus controversé du droit international économique à l’heure actuelle. Nombre de principes et règles de droit international protègent l’investissement étranger au sein d’un Etat. A travers l’analyse du droit international général, des accords d’investissement et de libre-échange ainsi que de la jurisprudence des tribunaux arbitraux, le cours a eu pour but d’analyser les règles et principes applicables en ce domaine et le système de règlement des différends relatifs aux investissement internationaux. Le cours a mis également l’accent sur les relations qu’entretiennent le régime des investissements et d’autres régimes juridiques (environnement, droits de l’homme, commerce international, etc). Introduction to the Law of Trusts Prof. Luc Thévenoz Trusts are like elephants: they are difficult to find, but easy to spot. Trusts were born in England around the 13th century and developed in common law jurisdictions. They are now extensively used in Switzerland -as in other civil law jurisdictions- even though they seem to contradict many basic tenets of civil law. The course on trusts offered a good insight into comparative law. It also provided a useful toolkit to estate planning or for structuring complex business transactions. The course introduced the fundamental principles and many uses of trusts. The class examined The Hague Convention on Trusts and provided a methodology for the recognition of trusts and for handling conflicts with other laws.

Birgit Sambeth Glasner

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?

Geoffrey Senogles

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Sheila Block and Professor James Seckinger

Closing statements, Saul Miller and Lluis Paradell

Cross-examination, Shreyas Jayasimha and Rory Hixon

Cross-examination, Sheila Block

Examination-in-Chief, Professor James Seckinger

Cross-examination, David Roney

David Roney and Tanya Landon

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

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provide the 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 lead by Prof. James Seckinger (FIAA Founder; Notre Dame Law School) and Ms Sheila Block (FIAA Founder; Torys, Toronto), who were joined by arbitration practitioners from Europe, the USA, and Cana-da, including Mr David Roney (FIAA Founder; Sidley Austin, Geneva), Mr Adam Johnson (Herbert Smith Freehills, London), Mr Lluis Paradell (Freshfields Bruckhaus Deringer, Rome), Ms Laura Halonen (Lalive, Geneva), Mr Saul Miller (Berwin Leighton Paisner, London), Mr Rory Hixon (White & Case, London), and Mr Shreyas Jayasimha (Aarna Law, India).

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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 2014-2015, 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. Ms Meg Kinnear (ICSID Secretary-General) delivered a seminar on the International Centre for Settlement of Investment Disputes; and Mr Brooks W. Daly (PCA Deputy SecretaryGeneral) gave a seminar on the Permanent Court of Arbitration. 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 Mr Toby Landau QC on “Codification, Harmonisation and Other Misadventures” (25 September 2014). Later in the year, ICJ Judge Peter Tomka (former President of the ICJ) spoke on “The World Court’s Contributions to the Development of the Law of State Responsibility: The Court’s Interaction with the ILC” (25 March 2015). Further, Mr Salim Moollan (Essex Courts, London; Vice-Chairman UNCITRAL Arbitration Working Group) gave a MIDS Lecture entitled “The New UNCITRAL Rules and Convention on Transparency in International Arbitration – Benefits and Challenges” (23 April 2015). At the Graduation Ceremony, on 24 September 2015, Prof. Campbell McLachlan (Victoria University of Wellington), addressed the MIDS students elaborating on why international law does matter today: “Everything is Connected”. At the same ceremony, Shruti Sabharwal delivered the student speech on behalf of the MIDS 20142015 Class. 30 |

Professor Nicolas Michel

Salim Moollan

Judge Peter Tomka

Brooks W. Daly

Toby Landau QC

Meg Kinnear

Professor Tullio Treves Professor Campbell McLachlan

Shruti Sabharwal

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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 2014-2015 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 Xavier Favre-Bulle (Lenz & Staehelin), Mr Elliott Geisinger (Schellenberg Wittmer), Mr Pierre-Yves Gunter (Phyton & Peter), Mr Joachim Knoll (Lalive), Dr Michele Potestà (Lévy Kaufmann-Kohler), Mr David Roney (Sidley Austin), Dr Franz Stirnimann (Winston & Strawn), , and also MIDS faculty member, Prof. Thomas Schultz, and MIDS Lecturers Dr Réka Papp and Dr Mamadou Hébié. 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.

View from the academic retreat in Jongny

LALIVE lecture with Mr Gary Born on “A New Generation of International Adjudication: Reflections on Developments in International Law” (Geneva, 7 October 2014);

UNCTAD, Investment Treaty Forum

UNCTAD World Investment Forum on “Investing on Sustainable Development”, (Geneva, 13-16 October 2014); University of Neuchâtel Conference on “New developments in International Commercial Arbitration in 2014” (Neuchâtel, 14 November 2014); Final pleadings

34th Annual Meeting of the ICC Institute World Business Law, on “Addressing Issues of Corruption in Commercial and Investment Arbitration” (24 November 2014);

5th CAM Annual Conference, Milan

5th Milan Arbitration Chamber (CAM) Annual Conference, on “Oil, gas and renewable energies investment projects: interaction between rules of law and arbitration” (Milan, 28 November 2014); ASA Annual Conference 2015 on “The Arbitrator’s Initiative: When, Why and How Should it Be Used?” (Geneva, 6 February 2015); British Institute of International and Comparative Law (BIICL) WTO Annual Conference (London, 6-7 May 2015) British Institute of International and Comparative Law (BIICL) 24th Investment Treaty Forum (London, 8 May 2015) X Congreso Internacional del Club Español del Arbitraje (CEA) (Madrid, 8-10 June 2015)

34th ICC Institute Annual Meeting, Paris

Dr Xavier Favre-Bulle, Professor Thomas Schultz and Dr Franz Stirnimann

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Study trips

The Hague

Another mandatory component of the curriculum are the study trips to Paris and The Hague, and the site visits to WIPO and the WTO in Geneva.

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, the International Court of Justice, and the Iran-US Claims Tribunal. The study trip also included a visit to the Maurithuis Museum and a networking social event with the junior counsel working in the Peace Palace.

Paris On 24-26 November 2013, the students visited the International Chamber of Commerce in Paris. A three-day trip to Paris included participation in the 34th 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.

Professor Pierre Tercier and José Ricardo Feris

Study visit to the Peace Palace, The Hague

The first day, 24 November, the students attended the 34th Annual Meeting of the ICC Institute of World Business Law focused on “Addressing Issues of Corruption in Commercial and Investment Arbitration”. The following two days, 25 and 26 November, Prof. Pierre Tercier led the visit to the ICC with the assistance of Dr Clarisse von Wunschheim. Members of the ICC Court of Arbitration Secretariat addressed the students on various topics: Dr Andrea Carlevaris, Secretary General, on “Presentation of the ICC Court of Arbitration and its evolution”; Mr José Ricardo Feris, Deputy Secretary General, on “Scrutiny of awards”; Mr Alexander G. Fessas, Managing Counsel, on “First decisions by the ICC Court”; Ms Maria Hauser, Counsel, on “Multi-Party and Multi-Contract arbitration”; Mr Gustav Flecke-Giammarco, Counsel, on “The control of the arbitrators practical aspects”; Ms Calliope M. Sudborough, International Centre for ADR Deputy Manager, on “ICC Mediation, Expertise, Dispute Boards and DOCDEX”. The students also enjoyed presentations delivered by practitioners such as Ms Carole Malinvaud, Partner at Gide Loyrette Nouel, on “The ICC arbitration and the counsel”; and Ms Nadia Darwazeh, Counsel at Curtis Mallet-Prevost Colt & Mosle, on “Expedited proceedings”.

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Mr Brian McGarry and Ms Sophie Poirier, MIDS alumnus and Assistant Legal Counsel at the PCA, gave an introduction to the Permanent Court of Arbitration, after which Legal Counsel, Mr Hanno Wehland, answered numerous questions from the students. The Vice-President of the International Court of Justice (ICJ), Judge Abdulqawi Ahmed Yusuf, welcomed the students in the ICJ Court Room at the Peace Palace and gave a presentation on the history and case law of the ICJ.

Clarisse vonWunschheim and Professor Pierre Tercier

Judge Yusuf, in the Great Hall of Justice

The trip ended with a visit to the Iran-US Claims Tribunal where Ms Ana Morales Ramos, Legal Adviser to Judge Herbert Kronke, Mr Hossein Piran, Legal Adviser to Judge Nikbakht, and Mr Michael Daly, Legal Adviser to Judge Brower, 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 pracice, the class made a formal visit to the World Trade Organization, meeting with Appellate Body Member, Mr Ujal Bhatia.

Final hearing for the ICC Arbitration moot exercise

Visit to the Maurithuis Museum in The Hague

Towards the end of the year, the MIDS class also visited the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, where Mr Ignacio de Castro, Deputy-Director, and Ms Judith Schallnau, Legal Counsel, gave a seminar on the Center and its rules.

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Career Services It is an important objective of the MIDS to offer effective individualized career services. Starting from week one, group meetings discussed career strategy, CV and cover letter drafting, professional networking and social media presence skills. Individual meetings focused on preparing a career strategy specifically for the candidate, improving how to introduce oneself, developing and practicing networking skills, assessing the professionality of the social media presence, and drafting an application letter and a CV. Throughout the academic year students were coached and trained for the job interviews to which they were invited. The preparation included mock interviews recorded on video, followed by a feedback sessions and a debriefing session following after the real interview. These services, provided by the MIDS Executive Director, Mr Diego Gutiérrez. Many MIDS students found positions for their ‘life after the MIDS’ before the end of the program. 80% of the 2014-2015 class were placed in law firms, arbitral institutions, and international organizations by

the time the graduation ceremony took place (on 24 September 2015). MIDS 2014-2015 graduates hold positions at the International Chamber of Commerce International Court of Arbitration (ICC, Paris); the Singapore International Arbitration Centre (SIAC, Singapore); the United Nations Conference on Trade and Development (UNCTAD, Geneva); the World Intellectual Property Organization (WIPO, Singapore); the World Trade Organization (WTO, Geneva). Some students found positions in law firms such as Ashurst (Melbourne); Baker & McKenzie (Frankfurt); Clifford Chance (Frankfurt); Coccia De Angelis Pardo & Associati (Rome); Curtis Mallet-Prevost Colt & Mosle (New York); Dechert (Paris); Freshfields Bruckhaus Deringer (Dubai, Paris); Froriep (Geneva); Hanotiau & van den Berg (Brussels); Hergüner Bilgen Özeke (Istanbul); K&L Gates (Warsaw); Lalive (Geneva); Quinn Emanuel Urquhart & Sullivan (Paris); Shearman & Sterling (Paris); White & Case (Frankfurt); WilmerHale (London).

Professional Placement at Graduation 2

1

1

2 3

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Law firms International Organizations Arbitral Institutions Governments Companies

Some MIDS 2014-2015 students at work: on this page: Elisabet Karlsson, Malgorzata Judkiewicz, Zehaan Trivedi and Shruti Sabharwal (Lalive, Geneva); and Tomás Navarro Blakemore (Froriep, Geneva). On next page: Sara María Moreno (Dechert, Paris); Sandra Marcovici (Hanotiau & van den Berg, Brussels); Manu Sanan (Curtis Mallet-Prevost Colt & Mosle, New York); Elizabeth Zorrilla (United Nations Conference on Trade and Development, Geneva); Tamal Mandal (World Trade Organization, Geneva); Artis Straupenieks (International Chamber of Commerce, Paris); and Jeanne Gonin (World Intellectual Property Organization, Singapore).

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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, the Escalade evening, and several cocktail receptions. Some of these events were attended by many of the key actors in 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 year concluded with the first ever CIDS conference.

Gary Born delivering the LALIVE Lecture

MIDS 2014-2015 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 ICC-YAF, and others including the following: •

•

LALIVE Lecture by Gary Born on “A New Generation of International Adjudication: Reflections on Developments in International Law” (Geneva, 7 October 2014);

•

WTO Talking Disputes organised by WTI advisors and ICTSD on “The China Rare Earths Disputes” (Geneva, 8 October 2014);

•

CAS in Arbitration Lecture by Dr Laurent Lévy on “Convincing the Arbitrator” (Geneva, 30 October 2014);

•

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World Trade Organization Public Forum on “Why Trade Matters to Everyone” (Geneva, 1-3 October 2014);

CEA Videoconference at LALIVE on “Valoración de daños en arbitraje de inversión” (Geneva, 18 November 2014);

WTO Talking Disputes

•

ASA Geneva Local Group on “Good Faith in Arbitral Proceedings”, with Prof. Felix Dasser (27 November 2014);

•

WTO Seminar with Appellate Body Member Ambassador Ujal Singh Bhatia (6 December 2014);

•

CPR launch of the “CPR’s Rules for Administered Arbitration on International Disputes” at LALIVE (Geneva, 17 March 2015);

•

CTEI Annual Update on WTO Dispute Settlement (Geneva, 24 March 2015);

•

ICC-YAF / ASA Below 40 ”Striving for Efficiency in Complex Dispute Management” (Geneva, 5 March 2015);

•

CIDS ICDR Y&I Swiss Chalet Debate on “The role of Counsel in document production” (Geneva, 16 April 2015);

•

ASA Geneva Local Group on “YUKOS – understanding the legal, quantum and tax issues in a US$ 50 billion award ” (Geneva, 28 May 2015);

•

CIDS University of Geneva Law School conference on““Jurisdiction & Dispute Resolution in the Internet Era: Governance and good practices”” (Geneva, 16-17 June 2015).

A group of MIDS 2014-2015 students acted as arbitrators in the Willem C. Vis International Commercial Arbitration Moot in March 2015 in Vienna, specifically, Pablo Jaroslavsky, Fahimeh Moradi, together with MIDS alumni David Khachvani (Lévy Kaufmann-Kohler), Yuri Mantilla and Kevin Clement (Freshfields; New York and Paris), Anina Liebkind (Baker & McKenzie; Stockholm), and the MIDS Lecturer, Dr Réka Papp. WTO seminar with Amb. Ujal Singh Bhatia

Like in previous years, a group of students took a serious commitment, and found the time, to run during the MIDS. Some participated in the well-known Escalade race in Geneva (6 December 2014). Yet a group of brave runners (Tomás Navarro Blakemore, Jeanne Gonin, Fernando

Pérez Lozada) went further and participated in the Geneva relay marathon with alumni Ariane Bardout (FTPA, Paris) and Sebastian Wuschka (Luther, Hamburg).

MIDS runners at the Escalade race

Paris Arbitration 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 2015 in Paris. The presentation, delivered by Diego Gutiérrez, took place at the premises of the ICC.

Diego Gutierrez at the Paris Arbitration Academy

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MIDS 2014-2015 Graduation The Graduation Ceremony for the MIDS 2014-2015 took place on 24 September 2015 at the Maison de la Paix, the Graduate Institute headquarters. Professor Gabrielle Kaufmann-Kohler opened the ceremony and gave the floor to Professor Jacques de Werra, Vice-Rector of the University of Geneva, who spoke on behalf of the University of Geneva and the Graduate Institute. This year’s

Professor Jacques de Werra

MIDS Alumni all over the world guest speaker, Professor Campbell McLachlan, delivered the keynote speech on “Everything is Connected”. On behalf of the 2014-2015 batch, Shruti Sabharwal gave the student speech bringing memories of an intense year at MIDS. Finally, Professor Marcelo Kohen handed the diplomas to the MIDS graduates.

Professor Marcelo Kohen and Tamal Mandal

Over the last seven editions of the MIDS, 246 international dispute settlement lawyers have graduated from the MIDS. Out of those, 72 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. For all these talented women and men, the MIDS was a life changing experience. They benefited from top level specialized education that opened the door to a further international experience in internships and other shorter term and permanent positions in key centres for international dispute setttlement such as Brussels, Dubai, Geneva, Hong Kong, Kuala Lumpur, London, Mauritius, New York, Paris, Singapore, Stockholm, The Hague or Washington. Most of these 246 alumni have developed their practice in law firms all over the world. One finds MIDS alumni as interns, associates, counsel and partners in leading law firms, particularly in Geneva and Paris, but also in countries such as: Argentina, Australia, Belgium, Brazil, Canada, Chile, China, Czech Republic, Ecuador, Egypt, El Salvador, France, Germany, Georgia, India, Indonesia, Italy, Kazakhstan, Korea, Lithuania, Mexico, Poland, Romania, Russia, Singapore, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States of America, or Uzbekistan. MIDS graduates are also holding positions in universities for instance in Ethiopia, Mexico or Ukraine; in governments in countries such as Armenia, Egypt, or Georgia; in national or regional arbitral institutions such as ICSID, the Dubai Chamber of Commerce, the Dubai International Arbitration Centre, the Georgian International Arbitration Centre, the ICC International Court of Arbitration, the Kuala Lumpur Regional Centre for Arbitration, the LCIA-Mauritius International Arbitration Centre, the Singapore International Arbitration Centre; and at NGOs like Oxfam International. Yet others have started a career as legal officers at international courts

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and international organizations such as the the European Court of Human Rights, the European Union, the International Court of Justice, the Permanent Court of Arbitration, the Iran-US Claims Tribunal, the United Nations Economic Commission for Africa, UNCTAD, the WTO and WIPO.

Ana Conover

Ndanga Kamau

Amboko Wameyo

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IV. New Developments

IV. New Developments 2015-2016 The MIDS 2015-2016 edition has started with 41 students from 25 countries. It features a number of novelties, among which the addition of three new intensive courses, one on Class, Mass and Collective Arbitration by Prof. S.I. Strong (University of Missouri), another on The PCA and its Contribution to the Evolution of International Dispute Settlement by Mr Brooks W. Daly (Permanent Court of Arbitration), and finally an intensive course on Public Policy in International Arbitration, with Prof. Jan Kleinheisterkamp (London School of Economics). The 2015-2016 will bring some other new faculty members such as Prof. Anthea Roberts (Columbia Law School and London School of Economics), who will be teaching the intensive course on ICSID Arbitration. Prof. Raúl E. Vinuesa, will come back to the MIDS for his course on Arbitration in Latin America. The CIDS Conference on International Dispute Settlement at the Crossroads of Public and Private International Law has been the opening event for the 2015-2016 MIDS year. The remaining MIDS Lectures in the academic year 2015-2016 will bring to Geneva Ms Lucy Reed (3 February 2016),

Ms Meg Kinnear (3 March 2016), and Judge Sir Christopher Greenwood (28 April 2016). In addittion to the seminars with Prof. Tullio Treves and Prof. Nicolas Michel further seminars are scheduled, in particular with Prof. Fan Kun (McGill University), and with Mr N. Jansen Calamita (British Institute of International and Comparative Law). The MIDS Q&A sessions for Star Arbitrators will feature Prof. Jan Paulsson, who will address issues discussed in his book The Idea of Arbitration. For the first time in 2015-2016, the MIDS offered a MIDS - Young ICCA Scholarship, which is open to outstanding Young ICCA Members. As announced in 2014-2015, the cooperation agreement with Tsinghua University Law School is now in place. Two students of the Tsinghua International Arbitration program are currently enrolled at MIDS Finally, the recently concluded agreement with the PCA to establish a MIDS-PCA Fellowship Program will start in 2015-2016 with the first MIDS Assistant Legal Counsel joining the PCA for a period of 12 months.

2016-2017 The 2016-2017 edition of the MIDS will bring back to the MIDS Prof. Emmanuel Gaillard (ICSID Arbitration), Prof. Eduardo Silva Romero (Arbitration in Latin America) and Prof. Lu Song (Arbitration in China).

having completed the first degree (be it the MIDS or NUS LLM in international dispute resolution), will be able to continue their studies at the other institution for an additional semester, obtaining both degrees.

The academic year 2016-2017 will also mark the start of a cooperation agreement with the National University of Singapore (NUS) establishing a dual degree by which a student of either program,

The MIDS Q&A sessions for Star Arbitrators will count on Prof. Brigitte Stern who will share insights into her views on the evolution of dispute settlement, sharing her vast and diverse experience.

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V. The CIDS

V. The CIDS Activities in 2014-2015

Purpose 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 is essentially devoted to research activities and provide a platform for high level exchanges on cutting edge issues in contemporary dispute resolution. Its main objectives are: • 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; • 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. The CIDS is placed under the leadership of Prof. Zachary Douglas and Prof. Gabrielle Kaufmann-Kohler.

In 2014-2015, the CIDS set in motion its core activities organizing and co-organizing academic conferences, developing the PhD seminar program, and continuing with its research agenda. Conferences CIDS Conference On 25 September the CIDS organized a conference in Geneva on “International Dispute Settlement at the Crossroads of Public and Private International Law” with Prof. Horatia Muir Watt as keynote speaker. More than 250 participants, coming from all over the world, enjoyed presentations and panel discussions: •

on Public and Private Paradigms in Investment Treaty Arbitration, with Prof. Jose Alvarez, Prof. Stephan Schill, Mr Jeremy Sharpe, and Prof. Marcelo Kohen;

• on The Intersection Between the Trade and Investment Regimes, with Prof. Joost Pauwelyn, Prof. Donald McRae, Prof. Roger Alford, and Prof. Laurence Boisson de Chazournes; • on Coordination of Domestic and International Procedures, with Prof. Campbell McLachlan, Prof. George A. Bermann, Prof. Jan Kleinheisterkamp, and Prof. Gabrielle Kaufmann-Kohler; • and on International Responsibility for Domestic Court Decisions, with Prof. Zachary Douglas, and Prof. Dan Sarooshi. Prof. Pierre Mayer, and Prof. Gabrielle Kaufmann-Kohler.

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CIDS - ICDR Y&I On 16 April 2015 the CIDS co-organized a Swiss Chalet Debate with ICDR Young & International following its traditional coffee-house debates format. The debate centered around the “Role of Counsel in Document Production: How Far Should the Duties Go? What Are the Sanctions?” Participants included: Eduardo Silva Romero (Partner, Dechert, Paris), Dorothee Schramm (Partner, Sidley Austin, Geneva), Anna Kozmenko (MIDS ‘09; Associate, Schellenberg Wittmer, Zurich), James Menz (Counsel, Schellenberg Wittmer, Zurich), Anna Maria Tamminen (Senior Associate, Hannes Snellman, Helsinki), Diana Kuitkowski (MIDS ‘10; Associate, Sidley Austin, Geneva), and Samuel Moss (Associate, LALIVE, Geneva).


Geneva Law School), Dr Eun-Joo Min (WIPO), Dr Marta Pertegás (Hague Conference on Private International Law), Prof. Urs Gasser (Harvard Law School), Prof. Alain Strowel (Université Catholique de Louvain/Université Saint-Louis, Brussels), Prof. Alessandro Mantelero (Polytechnic University of Turin/Nexa Center for Internet and Society), Prof. Jacques de Werra (University of Geneva), Mr Bertrand de la Chapelle (Internet & Jurisdiction project), Prof. Peggy Valcke (Université Catholique de Louvain; Google), Ms Spela Kosak (ICC International Centre for ADR), Mr Pierre Véron (European Patents Lawyers Association), Mr Antoine Dore (ITU), Ms Maïssa Bahsoun (European Telecommunications Standards Institute, ETSI), Dr Heike Wollgast (WIPO Arbitration and Mediation Center), Dr Michael Fröhlich (Blackberry; AIPPI Standing Committee on Standards and Patents), Mr Nicolas Schifano (Microsoft), Prof. Laurence Boisson de Chazournes (University of Geneva Law School), Dr Mamadou Hébié (CIDS/MIDS), Dr Jovan Kurbalija (Diplo Foundation; Geneva Internet Platform), Mr Edward Kwakwa (WIPO), Mr Drazen Petrovic (ILO).

More than 200 participants attended and engaged with the presentations on Parties, Counsel and Funders, with Mr Petr Polasek (White & Case), Ms Maddi Azpiroz (ClaimTrading), Ms Laurie Achtouk-Spivak (Cleary Gottlieb Steen & Hamilton), Ms Mariam Gotsiridze (Government of Georgia), and Ms Anna Kozmenko (Schellenberg Wittmer); on The Tribunal, its Powers and its ‘Friends’, with Dr Michele Potestà (Lévy Kaufmann-Kohler), Ms Catherine Kettlewell (Arnold & Porter), Ms Alexandra van der Meulen (Freshfields), and Dr Réka Papp (MIDS/CIDS); on Getting to the End of the Process: Issues, Strategies and Challenges, with Mr Kabir Duggal (Baker & McKenzie), Ms Kate Parlett (20 Essex Street), Mr Ilija Mitrev Penusliski (Shearman & Sterilng), and Mr Jaime Gallego (Lalive).

PhD Seminars The CIDS aims at building up an academic ‘home’ for PhD students working in the field of international dispute settlement. For that purpose, a series of PhD seminars will take place about every 2-3 months in Geneva. The seminars are supported by a grant of the University of Geneva Rectorat. The first of these seminars took place at Villa Moynier, bringing together about 20 scholars from all over Switzerland. Ms Dafina Atanasova (PhD Candidate, University of Geneva) delivered a presentation on “Conflict of Treaty-norms in investment arbitration”, and Ms Blerina Xheraj (PhD Candidate, University of Geneva) acted as discussant. The CIDS seminars are organized by Mr Clément Bachmann (PhD Candidate, University of Geneva) and Mr Diego Gutiérrez (MIDS/ CIDS), under the responsibility of Prof. Gabrielle Kaufmann-Kohler and Prof. Zachary Douglas.

Research Jurisdiction and Dispute Resolution in the Internet Era On 17-18 June 2015, the CIDS partnered with the University of Geneva Law School and the Geneva Internet Platform for the organization of a two-day conference dealing with the topic of jurisdiction and how it relates to internet governance: who gets to decide internet-related disputes and how? Among the speakers the conference counted on: Dr Alex Sceberras Trigona (University of Malta), Prof. Gian Paolo Romano (University of Geneva Law School), Prof. Edouard Treppoz (University of Lyon III), Dr Michel Reymond (University of 46 |

CIDS ICC YAF On 26 September 2015, the CIDS and the ICC YAF, represented by Mr Giulio Palermo (ICC YAF regional representative; Lalive) organized a conference on “Investment Arbitration Practice: A View from the Inside”. Dr Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration, was the keynote speaker.

On the research front, the CIDS has continued with its Swiss National Science Foundation research project on the Impact of International Investment Treaties and Arbitration on Governance in four countries; i.e. Argentina, Czech Republic, India, and Mexico. The project team, led by Prof. Zachary Douglas and Prof. Shalini Randeria, has conducted interviews in all four countries under study. Moreover, meetings of the research team took place in Geneva and brought together the researchers in charge of each country: Dr Facundo Pérez Aznar (Argentina), Dr Edna Ramírez Robles (Mexico), Mr Josef Ostransky (Czech Republic) and Mr Debesh Panda (India). | 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, Geneviève Auroi-Jaggi, Danièle Avanthay, Tatiana Avanthay, Stefano Azzali, Anicet Banka Bigero, Martine Basset, Nathalie Bauer, Viviane Belarmino da Silva, Jonathan Benarrous, Andrea Bianchi, Vilmante Blink, Jansen Calamita, Concepta Canale, Dimitri Cattiaut, Nadia Ceccon, Jasmine Champenois, Bruno Chatagnat, Anne Chiancone, 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, Suzanne de Jonckheere, Vanessa de Melo, Dany Diogo, Dimitri Donzé, Paola Eicher, Marie-Pierre Flotron, Frederic Forrat, Paola Gaeta, Christel Gallay Caudet, Vincent Gessler, Didier Gfeller, 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 Leu-Bonvin, Kristen Linch, Laetitia Lisena, Corinne Llorente, Joël Lucas, Claudia Mansaray, Silvia Mazzeo, Alexander McLin, Mathieu Mégroz, Neil Mills, Bruno Montpellier, Catherine Morel, Caroline Nierle, Maire Ni Mhaidin Kiiamov, Françoise Pasquier, Arthur Pasquier, Christine Passerat, Stéphanie Petruzzeli, Marielle Pun, Aurélie Querment, Deepak Raju, Daniela Renggli, Isabelle Rivière, Yannick Rivière, Gregory Rohrer, Marta Rosa, Gemma Rosell, Robert Roth, Jeanne Ruch, Jason Rudall, Mattia Salamanca Orrego, Henry Salvador, Jasmine Sansonnens, Antonio Santangelo, Lucia Santucci, Claudia Saviaux Druliolle, Mallory Schaub-Geley, Céline Sclavo, Stéphanie Schmid, Eric Severac, Samuel Sobrino, Ruggero Soldini, Marguerite Tadorian, Valérie Thabuis, Philippe Tinguely, Nathalie Trunk, Diane Valk-Schwab, Aisling Vaughan, Elie Zagury and Angelica Zanninelli.

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