The non-enforcement of arbitral awards: A BIT (of a) problem with human rights and damage calculation

This is to announce the March 2012 session of the Arbitration Forum of the Center for Transnational Litigation and Commercial Law, entitled “The non-enforcement of arbitral awards: A BIT (of a) problem with human rights and damage calculation” which will take place on Monday, March 26th, 2012, from 6.15 p.m. to 8.00 p.m., in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

It is a great pleasure to be able to announce that on the occasion of this session, which is co-hosted by the New York/Washington D.C. Chapter of the Spanish Arbitration Club, Dr. Stefan Kröll will give a talk on “International commercial arbitration awards as “investment” under BITs” and that Mr. José Alberro will speak on “Estimating damages when BITs are used to enforce commercial arbitration awards”. Mr. Brian King and Grant Hanessian agreed to act as commentators.

Dr. Stefan Kröll is one of the leading German experts on arbitration and a national correspondent for Germany to UNCITRAL for arbitration and international commercial law. He sits regularly as an arbitrator in national and international cases (ICC, DIS, VIAC, ad-hoc) and is member of the board of editors of several peer reviewed journals. Dr. Kröll is a Visiting Lecturer at the Bucerius Law School and Visiting Reader at the School of International Arbitration at CCLS (Queen Mary, University of London). He has published widely in the field of international commercial arbitration and commercial law, including the books “Comparative International Commercial Arbitration” (co-authored with Lew/Mistelis), “Arbitration in Germany – The Model Law in Practice” (co-edited with Böckstiegel/Nacimiento) and “Conflict of Laws in International Arbitration” (co-edited with Ferrari). Recently, he has been retained by UNCITRAL as one of the three experts to prepare the Digest on the UNCITRAL Model Law on International Commercial Arbitration.

Dr. Jose Alberro, who holds a Ph.D. in Economics from the University of Chicago, has taught as tenured full professor economics at universities in the United States, Mexico and the United Kingdom for 15 years. Dr. Alberro’s expertise focuses on applied economic and financial modeling; he has consulting experience across a wide variety of industries, with particular depth in the areas of energy, oil, petrochemicals, consumer goods, and network industries (telecommunications, natural gas, electricity). His expertise not only led him to give expert testimony in commercial and investor state arbitrations on damage valuation, most recently in The Hague, in the context of a multi-billion dollar case resulting from the confiscation of hydrocarbon assets, but also to his appointment as arbitrator in ICSID proceedings. Dr. Alberro, who is a member of the AAA’s National Roster of Arbitrators, he has published extensively in academic journals; one of his publications was cited in the 1995 Nobel Prize in Economics Lecture.

Brian King is a partner in the international arbitration group at Freshfields Bruckhaus Deringer.  Prior to returning to New York in 2007, he headed the arbitration group in the firm’s Amsterdam office for seven years.  Mr. King’s practice centers on acting as counsel or arbitrator in investment treaty and international commercial disputes. He has represented both investors and States, as well as some of the largest European and U.S. corporations.  A 1990 graduate of the NYU Law School, Mr. King regularly speaks and publishes on arbitration-related topics.

Grant Hanessian is Co-Chair of Baker & McKenzie’s International Arbitration Practice Group and Chair of the Litigation/Dispute Resolution Department of the firm’s New York office.  A graduate of NYU Law School, Mr. Hanessian has more than 25 years experience acting as counsel or arbitrator in international commercial and investment treaty arbitrations.  Mr. Hanessian is a member of the Commission on Arbitration of the International Chamber of Commerce and the ICC Task Force on Arbitration Involving States or State Entities and has published extensively on international arbitration topics.

Please note that all discussions taking place during the Forum are subject to the Chatham House Rule.

Since space is limited, those interested are kindly asked to R.S.V.P. by March 22nd (by sending an email to Prof. Franco Ferrari at On-site registration will not be available.

Franco Ferrari

The Center for Transnational Litigation and Commercial Law aims at the advancement of the study and practice of international business transactions and the way to solve related disputes either through litigation or arbitration. As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena