February 12, 2016
KIIAC Speaker Profiles
Below are the profiles of speakers at KLRCA International Investment Arbitration Conference (KIIAC 2016)
Legal Councel, International Centre for Settlement of investment Disputes (ICSID)
Topic: “ICSID’s 50th Anniversary – Progress and Prospects”
AïssatouDiop is a Legal Counsel on one of the Case Management Teams at the International Centre for Settlement of Investment Disputes (ICSID). Ms. Diop joined ICSID in September 2008. Prior to joining ICSID, she worked as an attorney with the law firm of Sidley Austin LLP (2006 – 2008). Ms. Diop holds degrees from Northwestern University (J.D.), Yale University (M.A.) and Jamestown College (B.A.). She is admitted to practice law in the State of Illinois and the District of Columbia. She speaks English, French and Wolof.
FEDELMA CLAIRE SMITH
Legal Counsel, Permanent Court of Arbitration (PCA)
Topic: “Provisional Measures in Investor – State Arbitration : The PCA Experience”
Fedelma Claire Smith has served as Legal Counsel at the Permanent Court of Arbitration (PCA) since 2011 and was the Representative of the PCA in Mauritius from 2012 to 2014. Fedelma has previously worked at the International Court of Justice (2008-2010), where she was law clerk to H.E. Judge Awn Al-Khasawneh and H. E. Judge Sir Kenneth Keith. Fedelma is a member of the Bar of England and Wales and completed pupillage at Field Court Chambers, London, in 2011. She holds a BA in English Law with German Law from Oxford University and an Advanced LLM in Public International Law from Leiden University.
DIRECTOR - SOUTH ASIA, ICC ARBITRATOR ADR
Topic: “ How Established Is Investment Arbitration in Asia?
Abhinav Bhushan is the Regional Director for South Asia – ICC Arbitration and ADR, and is based at the ICC’s regional office in Singapore.
As Director, he focuses on helping companies, investors, and attorneys in the Region understand how they can efficiently resolve international commercial disputes by raising their awareness on the ICC’s Dispute Resolution Services and its commitment to international arbitration, the procedure, and thought leadership.
To strengthen the ICC’s presence in South Asia, Mr. Bhushan collaborates with a global cadre of professionals to organize networking and training events that bring ICC expertise to the doorsteps of legal practitioners and business people in the Region. He is also an avid promoter of arbitration-related training opportunities for law students and young attorneys. Additionally,
Mr Bhushan assists the Court in organizing the ICC Young Arbitrators Forum (YAF).
Prior to serving as Regional Director, he was the first Indian Deputy Counsel of the Court, where he gained first-hand experience working on arbitrations arising out of common law jurisdictions, in particular working with parties from India, Singapore and other regions of Asia. This has provided him with an in-depth understanding of the needs and challenges faced by commercial parties in the Region, as well as the solutions that may be offered by the ICC. Mr. Bhushan is a regular contributor to the Kluwer Arbitration Blog on developments in Indian arbitration law.
Before joining the ICC, Mr. Bhushan completed his LLM at the Columbia Law School and earned a certificate in foreign and comparative law. He was also a member of the Columbia International Arbitration Association and a research assistant.
He earned his first law degree from the Government Law College, Mumbai, India. Upon graduation, he worked as an associate with Mulla & Mulla & Craigie Blunt & Caroe, in Mumbai, India.
Head of UNCITRAL’s Regional Centre for Asia and the Pacific
Topic: “The UNCITRAL Rules on Transparency”
João Ribeiro is a Portuguese national that during his career was Head of International Affairs of the Ministry of Justice of Portugal, Deputy Secretary General of the Conferences of Ministers of Justice both of the Iberian-American countries and of the Portuguese Speaking countries, member of the Portuguese National Commission for Human Rights and member of the Portuguese Permanent Bilateral Cooperation Commissions with the USA and Macau. During that period, he was in charge of the Ministry’s development cooperation policies, namely several technical assistance projects for law reform in Africa, East Timor and Eastern Europe. He led national delegations in several international organisations: European Committee on Crime Problems and GRECO from the Council of Europe; 36th Committee of the Council of the European Union; OECD’s working group on Bribery in International Business Transactions, and member of its Management Group in 2011. He holds a Law Degree from the University of Coimbra and a LLM from the Universities of Coimbra and Macau. During his first experience in Asia (2002-2008) he was legal adviser to the Secretary for Social Affairs and Culture of the Government of the Macau SAR and senior lecturer at the Faculties of Law, Management and of Social and Human Sciences of the University of Macau where he taught International Law, International Business Law, Business Law, Economic Integration Law, Constitutional Law and Chinese Political System.
Director, Chartered Institute Of Arbitrators (CIArb) in Asia Pacific
Topic: “ISDS in the TTIP: EU’s proposed “Investment Court System”
Camilla is a Director for the Chartered Institute of Arbitrators (CIArb) in Asia Pacific. Camilla is an arbitration lawyer (qualifying in London in 2004) and was a senior associate in the Ashurst Singapore disputes team until 2012. Camilla was Deputy Registrar at the Singapore International Arbitration Centre (SIAC) in 2012/2013 where, amongst others, she managed a record number of emergency arbitrations and was heavily involved in establishing and implementing the 5th edition of SIAC Rules (effective 1 April 2013).
She has extensive experience in international arbitration and specifically in oil and gas and commercial disputes. She was seconded to a Japanese trading company in Singapore for over a year, working on various projects throughout the Asia-Pacific region.
CIArb is a leading professional membership organisation representing the interests of alternative dispute resolution (ADR) practitioners worldwide. CIArb supports the global promotion, facilitation, and development of all forms of private dispute resolution and has over nearly 3,000 in this region.
WOLF VON KUMBERG
Full Member of the Arbitration, Mediation and Dispute Board Chambers (ArbDB)
Topic: “Mediation of Investor-State Dispute”
Wolf spent nearly 30 years as European Legal Director and Assistant General Counsel to Northrop Grumman a global aerospace/security company. Prior to that, he served 5 years as the Vice President – Legal Affairs for Litton Canada, after having spent several years in legal practice with a major Toronto Law Firm. He retired from Northrop Grumman in 2015 as its Assistant General Counsel and is now a member of ArbDB Chambers in London and the Managing Director of Global Resolution Services a provider of dispute resolution services. Wolf has received law degrees from Canadian and European Universities and is qualified as a lawyer in both Canada and England.
Wolf was involved in many of Northrop Grumman’s International legal disputes and has been a keen advocate for early dispute resolution (ADR), as well as conflict management. In that context, he is both qualified as an arbitrator and mediator and is an advocate for the broad use of dispute boards by Industry and Government. He has also been instrumental in bringing mediation to Investor/State disputes.
Wolf is a Director of the International Mediation Institute (IMI), which has advocated international standards for mediators. He is in addition, a Fellow of the Chartered Institute of Arbitrators and is the current Chair of its Board of Management. He also serves as a Director of the American Arbitration Association (AAA) and sits on its Executive Committee.
Wolf is married with two children and is a keen marathon runner.
Counsel, Allen &Overy (Singapore)
Topic: “Investment Arbitration and Unmeritorious Claims”
Andrew specialises in international arbitration, and his experience includes both commercial arbitration and investment treaty arbitration. He also has experience of litigation before English and other courts, including anti-suit injunctions in support of arbitration.
Andrew has acted in arbitrations held under a wide variety of rules (SIAC, ICC, LCIA, JCAA, SCC, AAA, Swiss Rules, UNCITRAL, and ICSID), in Singapore, London, Hong Kong, Stockholm, The Hague, Tokyo, Washington D.C. and Zurich. His experience includes acting for clients in Asia, Europe and South America across a variety of business sectors, including finance, energy, defence, utilities, steel, manufacturing, brewing and media.
Andrew was a member of the Group of Experts which advised the European Commission on arbitration and the reform of the Brussels I Regulation. He holds a Diploma in International Commercial Arbitration (with Distinction) and has previously undertaken a secondment with the LCIA casework team.
Andrew speaks and writes widely on international arbitration. He is a former co-chair of ASA below 40 (Swiss Arbitration Association’s young practitioner group), is a member of the Chartered Institute of Arbitrators, of the LCIA Users’ Council and Young International Arbitration Group, and of the SIAC Users’ Council. He is a solicitor-advocate admitted in England and Wales.
Senior Associate, Clifford Chance (Singapore)
Topic: “Investment Protection in the Oil and Gas Sector”
Olga Boltenko is a senior associate in the International Arbitration practice of Clifford Chance. She specialises in investment arbitration. Prior to joining Clifford Chance, she acted as legal counsel in investor-State disputes under the auspices of the Permanent Court of Arbitration, and as tribunal secretary in dozens of commercial disputes, both ad hoc and institutional (including SIAC, ICC, HKIAC, SCC), in a wide array of industries including oil & gas, infrastructure, construction, telecommunications, and pharmaceuticals. She is listed as arbitrator on the HKIAC list of arbitrators and on the KLRCA panel of arbitrators. She is admitted in Russia and she is registered as a foreign lawyer in Singapore.
Of Counsel, Eversheds (Singapore)
Topic: “Trans-Pacific Partnership Agreement: Investor-State Dispute Settlement Provisions”
Loretta Malintoppi is Of Counsel in the Singapore Office of Eversheds LLP. She has a law degree from Rome University and holds an LLM in Common Law Studies from Georgetown University Law Centre. Ms Malintoppi is dually-qualified (Paris and Rome Bars) and is registered to practice as a Foreign Lawyer in Singapore. She specialises in both international commercial and investment arbitration.
She acts as counsel, advocate and arbitrator and has represented private companies, States and State entities in proceedings under a variety of arbitration rules, including ICSID, ICC, UNCITRAL, SIAC, LCIA and DIAC. Loretta also appears as counsel and advocate in State-to-State disputes before the International Court of Justice and in ad hoc arbitrations. She was a Member for Italy of the ICC International Court of Arbitration from 2000 to 2009 and is currently a Vice-President of the ICC Court. Loretta has written a number of articles on investment arbitration and State-to-State litigation and is one of the co-authors of The ICSID Convention – A Commentary published by Cambridge University Press in 2009. She is also a member of the Editorial Board of The Law and Practice of International Courts and Tribunals, editor of the series International Litigation in Practice Series, and a member of the editorial advisory board of the Journal of World Investment and Trade. Loretta is regarded by the legal directory Chambers Global as a leading individual in international arbitration.
Senior Assosiate, Foley Hoag (Washington D.C.)
Topic: “Jurisdiction Ratione Temporis in Investment Treaty Arbitration”
ConstantinosSalonidis is a senior international associate with the International Litigation and Arbitration Practice of Foley Hoag in Washington, D.C. His practice focuses on international dispute resolution, in cases involving sovereign clients before arbitration panels administered under the ICSID, UNCITRAL and ICC Arbitration Rules. Constantinos also regularly advises on a wide range of public international law issues, such as compliance with obligations under foreign investment treaties, land and maritime boundary delimitation, and international human rights. Before joining Foley Hoag, he worked in the Center for Research and Planning of the Greek Ministry of Foreign Affairs, and as a Research Fellow in the Centre for International and Constitutional Institutions of the Academy of Athens. Constantinos holds an LLB, a Master’s degree in Public International Law, and a doctorate degree from Democritus University of Thrace, School of Law, in Greece. He also holds an LLM from Georgetown Law School. In 2006, he was awarded the prestigious Diploma in Public International Law of the Hague Academy of International Law. He will serve as Director of Studies for Public International Law at the same institution in 2018.
Senior Associate, Freshfields Bruckhaus Deringer (Singapore)
Topic: “Cost and Damages in Investment Treaty Arbitration”
Robert Kirkness is a Senior Associate in Freshfields’ international dispute resolution group. He is an experienced advocate who has represented clients as counsel in both international commercial and investment treaty arbitrations. Robert’s recent investment treaty experience include representing a consortium of international investors in four parallel arbitrations against a Middle Eastern State and State entities; representing a North American company in its multi-billion dollar investment treaty claim against a South American State for the alleged expropriation of its mining assets; representing a South East Asian State in an investment treaty dispute involving complex issues of public international law; and representing an Asian State in an investment treaty dispute arising out of a failed M&A dispute. Prior to joining Freshfields, Robert represented the Attorney-General of New Zealand as counsel in a number of precedent-setting constitutional law cases before the New Zealand courts. Robert is a barrister and solicitor of the High Court of New Zealand, and a Registered Foreign Lawyer at the Singapore International Commercial Court. He holds a Masters in Law (with first class honours) and a Bachelor of Arts in Ancient History and Classical Studies, both from the University of Auckland.
Managing Partner, Herbert Smith Freehills (Singapore)
Topic: “Enforcement of Investment Arbitration Awards in the Asia Pacific Region”
Alastair Henderson heads Herbert Smith Freehills’ arbitration practice in Southeast Asia and is also the firm’s managing partner for the region.
Alastair qualified as a lawyer in England in 1990 but has worked in Asia since 1993 and Southeast Asia since 1999. Chambers Asia describes him as “One of the leading names on the Asia-Pacific arbitration scene, offering clients extensive knowledge of South- East Asian matters from his Singapore base. Sources particularly appreciate his ‘in-depth experience and good judgment’ when acting for major arbitration clients across such industries as oil and gas, banking and manufacturing”.
Alastair also serves as sole arbitrator, co-arbitrator and presiding arbitrator, and has handledcases under the rules of the SIAC, ICC, HKIAC, KLRCA, LCIA, SIArb, CIETAC, Thai Arbitration Institute and Indonesian National Arbitration Institute (BANI) as well as UNCITRAL rules and pure ad hoc cases. He is a fellow of the Singapore Institute of Arbitrators, a member of the Chartered Institute of Arbitrators and a regular speaker and writer on topics relating to international arbitration.
Partner, Rajah & Tann (Singapore)
Topic :“Renegotiating International Investment Agreements: Recent developments”
Paul Tan is called to the Singapore and English bars and enjoys a broad-based international arbitration (commercial and investor-State) practice, in which he is regularly instructed as lead counsel. He is also adept in aspects of public international law.He has been praised for his “wide knowledge” in these areas and is described as “exceptionally bright”. His experience includes a year-long placement with “magic circle set” Essex Court Chambers in London (as a Singapore Academy of Law scholar) and as a foreign stagiaire with Lalive in Geneva. He is involved in the Public International Law committee of the Law Society of Singapore, and the regional representative for the Young International Arbitrators Group. He is also the Singapore rapporteur for the Asia-Pacific Arbitration Reporter, and the co-author of the forthcoming edition of Mustill and Boyd’s treatise on international and investment arbitration.
Partner, Shook Lin & Bok
Topic : “Ethical Issues in Investment Arbitration: (Myth or Reality?”
Sudhar is the Deputy President of the Malaysian Institute of Arbitrators for the 2015-2017 term, having earlier served as Vice President for the 2014-2015 term.
Sudhar’s main practice areas are Civil, Corporate and Insurance Litigation with a focus on complex commercial and corporate disputes and fraud. Sudhar also has an active International & Domestic Arbitration practice both as Counsel, Arbitrator and Adjudicator involving commercial, construction, energy and infrastructure disputes.
Partner, Volterra Fietta (London)
Topic: “Recent Developments in Investors-State Dispute Settlement”
Robert Volterra advises and represents governments, international organisations and private clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues, including bilateral investment treaties. He regularly acts as co-agent, counsel and advocate before the International Court of Justice and ad hoc international arbitration tribunals, including under the Permanent Court of Arbitration, ICSID, ICC, SCC, LCIA, UNCITRAL, WTO and UNCLOS rules. He regularly sits as an arbitrator in ICSID, UNCITRAL, ICC, SCC and LCIA arbitrations.
Robert’s practice focuses on the resolution of complex disputes and evolving issues in the field of public international law. He is sought by clients globally to defend their interests in bet-the-country and bet-the-company disputes. He is the go-to public international law practitioner for cases dealing with novel and cutting-edge topics.
Robert is a Visiting Professor of International Law at University College (UCL), University of London, where he has taught the international law of foreign investment for almost 20 years. He is on the Management Board of the Investment Treaty Forum. He is on the Expert Panel for States of UNCTAD’s Programme on Dispute Settlement in International Trade, Investment and IP. He is a Legal Expert on the Energy Charter Secretariat’s Legal Advisory Task Force.
Partner, ZulRafique& Partners (Kuala Lumpur)
Topic: “State-Owned Enterprises and Investment Arbitration”
ThayananthanBaskaran is a partner with ZulRafique& Partners, Kuala Lumpur, and an associate member of Crown Office Chambers, London. Thaya’s primary area of practice is construction law. He drafts various building and engineering contracts, advises on disputes arising from such contracts and appears as Counsel to resolve these disputes. Thaya also sits as an adjudicator, arbitrator and mediator. He is the author of several publications on construction law and dispute resolution, including the Malaysian chapter of Asia Arbitration Handbook published by Oxford University Press in 2011. Thaya was educated at St John’s Institution, Kuala Lumpur, read law at King’s College, London, and was called to the Bar by Gray’s Inn. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Malaysian Institute of Arbitrators, the Singapore Institute of Arbitrator, the Dispute Board Federation Geneva and the Malaysian Society of Adjudicators.Thaya is a Certified Adjudicator of the Kuala Lumpur Regional Centre for Arbitration and an SMC Associate Mediator of the Singapore Mediation Centre. Thaya is on the expert panel of the Dispute Board Federation Geneva, the list of the Hong Kong International Arbitration Centre, the panel of the Indonesian National Board of Arbitration, the panel of the Kuala Lumpur Regional Centre for Arbitration, the database of the London Court of International Arbitration and the reserve panel of the Singapore International Arbitration Centre. Thaya is the Vice Chairman of the Chartered Institute of Arbitrators Malaysia Branch and the Vice President of the Society of Construction Law Malaysia.
GENEVIEVE BASTID BURDEAU
Professor Emeritus of International Law at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne)
Topic: “The Institut de DroitInternational and Investment Treaty Arbitration”
Professor Geneviève Bastid Burdeau is a Member of the Permanent Court of Arbitration, former Secretary General of the Hague Academy of International Law (1999- 2005), member of the Institut de Droit International, member of the Curatorium of the Hague Academy of International Law. She is the Vice-president of the French Society of International Law, member of the board of editors of the AnnuaireFrançais de Droit International, specialist of public international law, international economic law (trade, investments, monetary relations). Professor Bastid Burdeau has acted as counsel for several States and international organisations. She is the author of numerous publications in the field of international law.
Professor, Kobe University
Topic: “Counterclaims in Investor-State Arbitration”
James Claxton is a Professor of Law at Kobe University where he teaches courses in international arbitration and international investment law. Before moving to Japan, James practiced international arbitration for international law firms in Paris and was Legal Counsel at the International Centre for Settlement of Investment Disputes (ICSID) in Washington.
JEAN HO QING
Assistant Professor , National University of Singapore
Topic: “The Evolution of Investment Contract Protection”
Dr. Jean Hois a member of the New York Bar and Singapore Bar. She is currently Assistant Professor of Law at the National University of Singapore where she convenes Government Contracts and Arbitration of Investment Disputes. She also supervises undergraduate, graduate, and doctoral students writing on diverse aspects of international investment law. Before taking up a teaching career, Dr. Ho specialised in international investment disputes at Shearman & Sterling LLP. Dr. Ho was associate counsel in SGS v Pakistan and SGS v Philippines, one of two principal associates in Plama v Bulgaria, and has been closely involved in other major ICSID and International Chamber of Commerce arbitrations. She has appeared as co-counsel in a multi-million dollar transnational contractual dispute arbitrated under the London Court of International Arbitration Rules. Dr. Ho holds a PhD from Cambridge University, a Maîtrise en Droit from the Université de Paris I (Panthéon-Sorbonne), and an LLM in International Legal Studies from New York University. Her research interests center around State responsibility and State contracts. She is a native Mandarin speaker and wholly fluent in French.”
DR. SUFIAN JUSOF
Associate Professor at the Institute of Malaysian and International Studies (IKMAS)
Topic: “Dispute Settlement in the 2009 ASEAN Comprehensive Investment Agreement”
SufianJusoh is the Deputy Director of and Senior Fellow at the Institute of Malaysian and International Studies (IKMAS) UniversitiKebangsaan Malaysia and a Distinguished Fellow at the Institute of Diplomacy and Foreign Relations, Malaysia. He is also an External Fellow of the World Trade Institute (WTI), University of Bern, Switzerland. Sufian is an Investment Law and Policy Expert at the World Bank and ASEAN. Sufian is also the current Chairman of the Africa-Asia Expert Group on the Customary International Law.
Sufian is a Barrister-at-Law of Lincoln’s Inn, holds an LL.B from Cardiff Law School, an LL.M (Merit), University College London and a Doctor in Law (summa Cum Laude) from the University of Bern, Switzerland. Sufian’s expertise is in international trade, international investment and intellectual property management. Sufian coordinates WTI’s consultancy and training programmes in the field of international trade and investment in Southeast Asia. Sufian has been a consultant many countries and international organisations. They include the United Nations Conference on Trade and Development, the World Intellectual Property Organisation, APEC High Level Policy Dialogue on Biotechnology, Asian Development Bank, World Bank and ASEAN. Sufian has authored several books and journal articles.
DR. NORFADHILAH MOHAMAD ALI
Senior Lecturer, Faculty of Syariah and Law, Islamic Science University of Malaysia (USIM)
Topic: “Investment Arbitration and Shariah Law”
Dr. Norfadhilah holds an LLB (IIUM), Masters of Comparative Law (IIUM) and a Ph.D from Centre of Petroleum, Mineral Law and Policy (CEPMLP), University of Dundee, UK. She has more than 10 years of experience in teaching law, researches and publications. She has a keen interest in international arbitration and investment law and has presented papers locally and abroad on this area of law including papers entitled ‘Discrimination Based on Nationality in Investment’ and ‘The Determination of Likeness in National Treatment in International Investment Law’. She has conducted an in depth study for her PhD on “Appropriate Comparator in National Treatment under International Investment Law: Relevance of GATT/WTO, EU and International Human Rights Jurisprudences”. She is also an alumni of Arbitration Academy 2012, Paris. Dr. Norfadhilah is currently a senior lecturer at the Faculty of Syariah and Law, UniversitiSains Islam Malaysia, Nilai, Negeri Sembilan, Malaysia.
Professor, School of International Arbitration – Queen Mary University if London
Topic: “The Concept of Public Policy in Investment Arbitration”
Professor Loukas Mistelis is Director of the School of International Arbitration and the Clive Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Many University of London. He teaches at the LLM programme International Commercial Arbitration, International Trade and Investment Dispute Settlement, International Commercial Law and ADR. He studied law at Athens, Strasbourg, Hannover and Keio. He has been a Member of the Athens Bar since 1993 and member of the Panel of Arbitrators at ICSIDsince 2014. He is an acknowledged authority on international dispute resolution.
His substantial arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases. Disputes cover energy and natural resources, government contracts, construction and infrastructure, banking and finance, aviation and shipping, He is listed in the Who is Who in Commercial Arbitration since 2006.
Besides English he is fluent in German and Greek, has good knowledge of French, and basic knowledge of Polish, Spanish and Russian. He has published more than 13 books and 70 refereed journal articles.
DR . JAMES UPCHER
Lecturer, Newcastle Law School, Newcastle University
Topic: “The Connection between Rights and Remedies in Provisional Measures”
Dr. James Upcher is a Lecturer at Newcastle Law School, Newcastle University, United Kingdom. He is a graduate of the University of Tasmania and Oxford University. His research interests are in international dispute settlement, the history and theory of international law and the law of armed conflict. James is a consultant on international law and international arbitration at Fietta in London.