London International Arbitration Colloquium 2023

About

The London International Arbitration Colloquium 2023 brought together the Asian International Arbitration Centre (AIAC), SOAS University of London Arbitration and Dispute Resolution Centre (SADRC), International Dispute Resolution Centre, London (IDRC) and the Government of Malaysia, to deliver a unique conference on the subject of international arbitration involving sovereign states.

In particular, the conference examined the core issues that have emerged from the high-profile multi-billion dollar ‘Sulu case’, in which Malaysia recently secured significant judgments from the Paris Court of Appeal and The Hague Court of Appeal. The day’s event featured a series of panel discussions on jurisdictional challenges in investment arbitration, the impact of investment claims on states and their sovereignty and territorial integrity, and the role of third-party funding in access to justice.

The London International Arbitration Colloquium brought together the collective knowledge and experience of its event partners to deliver an in-depth, academic assessment of the impact of the Sulu case and the future of international arbitration involving foreign investors and sovereign states.

Session 1

Session 1: International Arbitration and State Sovereignty

The session focused on the role of international arbitrators in upholding the cause of justice. The discussion stressed the importance of impartiality and independence of international arbitration for the effective delivery of justice and upholding the rule of law.

Speakers:

Dato’ Firoz Hussein Bin Ahmad Jamaluddi, Senior Partner, Messrs Firoz Julian and AIAC Advisory Board Member

Prof. Catherine A. Rogers, Department of Legal Studies at Bocconi University and the co-chair of the ICCA-Queen Mary Task Force on Third Party Funding in International Arbitration

Gordon Nardell KC, Barrister, Twenty Essex

Dr. Brendan Plant, Associate Professor at Downing College, University of Cambridge, a Fellow of the Lauterpacht Centre for International Law at the University of Cambridge

Session 2

Session 2: Regulating Third-Party Funding in International Arbitration and a Review of R (on the application of PACCAR Inc and others) (Appellants) v. Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28: Its Impacts and the Way Forward

This session explored the multifaceted issues of the burgeoning practice of third-party funding in international arbitration, inter alia, the duty of disclosure, confidentiality, conflict of interest, security for costs, adverse costs, and ethical issues. The speakers examined how best access to third party funding can be deployed to serve the cause of justice, as well as how to best regulate third party funders.

Speakers:

Huseein Haeri, Partner, Witherworldwide LLP and Member of SOAS Arbitration and Dispute Resolution

Prof. Victoria Shannon Sahani, Professor of Law, Boston University School of Law and Member of the ICCA-Queen Mary Task Force on Third Party Funding in International Arbitration

Mr. Stephen Fietta KC, Fietta LLP

Camilla Godman, Investment Manager, Senior Legal Counsel, Omni Bridgeway

Session 3

Session 3: Impact of Investment Claims on States and Investors

In this session, speakers explored the impact of investment claims on the relationship between the investor and the state, and its impact on the economic development of states and commercial viability of foreign investors. The session also explored the wider impact of investment claims on the relationship between the home and host states.

Speakers:

Prof. Martin W Lau, Professor of South Asian Law at SOAS University of London, Member of SOAS Arbitration and Dispute resolution Centre (SADRC) and Essex Court Chambers.

Baiju Vasani, Barrister and Arbitrator, Twenty Essex and Member of SOAS Arbitration and Dispute Resolution Centre (SADRC)

Prof. Steven P. Finizio, Partner, WilmerHale London and Deputy Director of SOAS Arbitration and Dispute Resolution Centre (SADRC)

Angeline Welsh KC, Barrister, Essex Court Chambers

Interviews