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Webinar Invitation Keynote Address: Current Challenges to the International Legal Order Panel Discussion: Twenty Years of the Draft articles on Responsibility of States for Internationally Wrongful Acts Friday, 16 October 2020 9:30 AM (London time) / 4:30 PM (Singapore time) / 7:30 PM (Sydney time)

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In a world fraught by crises such as long-drawn armed conflicts in certain regions, trade wars and COVID-19, the systems, institutions and rules of public are arguably no less important than they have been in the decades before.

This event will commence with the keynote speakers, Sir QC and Mr SA, two eminent personalities in public international law sharing their views on current challenges to the international legal order.

The keynote address will then be followed by a panel discussion on “Twenty years of the Draft articles on Responsibility of States for Internationally Wrongful Acts”. First adopted by the International Law Commission in 2001, the draft articles are often seen as a reference point for the rules on state responsibility, and in certain circumstances, the draft articles have been said to represent customary international law. The speakers will share their thoughts on issues such as attribution, the application of the draft articles to investor-state arbitration, and what the future holds for the draft articles.

AGENDA London Time Activity 9:30 AM Start of event and introduction by moderators.

9:35 AM Keynote address by Sir Christopher Greenwood QC and Mr Makhdoom Ali Khan SA on the “current challenges to the international legal order”.

Panel discussion on “Twenty years of the Draft articles on Responsibility of States for Internationally Wrongful Acts” by: 10:30 AM • Professor Vaughan Lowe QC (Essex Court Chambers) • Professor Laurence Boisson de Chazournes (University of Geneva School of Law) • Toby Landau QC (Essex Court Chambers Singapore Group Practice) • Alvin Yap (Harry Elias Partnership LLP)

11:15 AM Question and answer session.

11:30 AM End of event.

KEYNOTE SPEAKERS Sir Christopher Greenwood QC Arbitrators at 24 Lincoln’s Inn Fields

Sir Christopher read law at Magdalene College, Cambridge, where he was awarded a BA (Law) (First Class Hons) in 1976, LLB (International Law) (First Class Hons) in 1977, and MA in 1981. As an undergraduate, he was elected President of the Cambridge Union in 1976. He was called to the Bar by Middle Temple in 1978 and appointed Queen’s Counsel in 1999. He became a Bencher of Middle Temple in 2003. In 1994 Sir Christopher joined Essex Court Chambers. After nearly twenty years as a Fellow of Magdalene College, Cambridge, and lecturer in the Cambridge Law Faculty, he became Professor of International Law at the London School of Economics in 1996. During his years as a barrister he regularly appeared as counsel before the International Court of Justice, the European Court of Human Rights, the English courts, arbitral and other tribunals.

Sir Christopher was appointed Companion of the Order of St Michael and St George (CMG) in 2002 and knighted in 2009 for services to international law. On 6 November 2008, Sir Christopher was elected a judge at the International Court of Justice, where he served until February 2018, when he joined the Arbitrators at 24 Lincolns Inn Fields as an arbitrator specializing in public international law, including investor-State disputes. In 2018 he was created GBE (Knight Grand Cross of the Order of the British Empire) for his services to international justice. He is currently a judge of the Iran-United States Claims Tribunal. In October 2020 he will become Master of Magdalene College, Cambridge.

Sir Christopher has extensive experience as an arbitrator both in inter-State and investor-State cases. He has acted as President of eighteen arbitration tribunals or ICSID ad hoc committees.

Mr Makhdoom Ali Khan SA Fazleghani Advocates

Makhdoom Ali Khan is a Senior Advocate of the Supreme Court of Pakistan, and a former Attorney General for Pakistan.

He read law at , Cambridge, the London School of Economics and Political Science, and Lincoln’s Inn.

During his tenure as Attorney General, he advised the on all Bilateral Investment Treaty and Public International Law issues. He led the BIT negotiations with other states, and was also one of the lawyers involved in drafting the laws that incorporated the New York Convention and the International Convention on the Settlement of Investment Disputes between States and the Nationals of other States in Pakistan law.

Makhdoom Ali Khan was a member of the court of the London Court of International Arbitration (LCIA). He is appointed as Vice Chair of the Arbitration Committee of the International Bar Association (“IBA”), was on the Board of the Dubai International Arbitration Centre (DIAC), and is a Fellow of The International Academy of Trial Lawyers. He is a member of the Board of the American Arbitration Association, and a member of the Governing Body of the International Counsel for Commercial Arbitration (ICCA).

Additionally, he is on the Advisory Board of the Bahrain Chamber for Dispute Resolution (BCDR), on the panels of arbitrators of the Singapore International Arbitration Centre (SIAC), the Kuala Lumpur Regional Centre for Arbitration (KLRCA), the Shanghai International Arbitration Centre (SHIAC) and the Mauritius International Arbitration Centre Limited (MIAC). He was also designated as an arbitrator on the ICSID panel for arbitrators by the President of the World Bank for a six-year term, which ended October 2017.

He has appeared in many important commercial and constitutional cases before the High Courts and the Supreme Court of Pakistan. He is also appearing as counsel and sitting as an arbitrator in several ad hoc, institutional, domestic, international commercial and investment arbitrations.

MODERATORS Professor Chester Brown The Sydney Centre for International Law and Essex Court Chambers

Professor Chester Brown is Professor of International Law and International Arbitration at the University of Sydney Law School, Australia, and he is also a Barrister at 7 Wentworth Selborne Chambers, Sydney. He practices, teaches and researches in the fields of public international law, international arbitration, international investment law, international trade law, and general commercial matters.

Professor Brown is currently acting as counsel in a number of investment treaty claims, in which he represents claimants as well as respondent States. He has also served as counsel in inter-State arbitrations, as well as in proceedings before the International Court of Justice, the Iran-United States Claims Tribunal, and a Conciliation Commission constituted under the United Nations Convention on the Law of the Sea. He has also been appointed presiding arbitrator in an international commercial arbitration.

Professor Brown is the author of A Common Law of International Adjudication (OUP, 2007), a major study dealing with the applicable procedure and remedies before international courts and tribunals, which was awarded the American Society of International Law’s Certificate of Merit, and which has been translated into Chinese (Xiuli Han trans, 2015). He is the co-editor of Evolution in Investment Treaty Law and Arbitration (CUP, 2011), which was awarded the OGEMID Award for ‘Book of the Year 2011’; co-author of The International Arbitration Act 1974: A Commentary (Lexis-Nexis Australia, 3rd edition, 2018); editor of Commentaries on Selected Model Investment Treaties (OUP, 2013); and author or co-author of more than 60 journal articles, book chapters, and notes. He serves as Associate Editor (Notes) of the ICSID Review – Foreign Investment Law Journal.

Matthew Koh Rajah & Tann Singapore LLP

Matthew practices primarily in the sphere of international arbitration, commercial disputes and construction law. Apart from acting in commercial arbitration proceedings, he has also advised clients in relation to claims against states under investment treaties, and has also acted in Singapore court proceedings relating to interlocutory applications in connection with investor-state arbitrations and enforcement of investor-state arbitration awards.

Professor Vaughan Lowe QC Essex Court Chambers, and the University of Oxford

Vaughan Lowe is a practising Barrister at Essex Court Chambers, mainly in the field of international law, with cases in the International Court of Justice, the ECJ, the ECHR, the ITLOS, the Iran-US Claims Tribunal, ad hoc Arbitral Tribunals and courts in England and Hong Kong, among others. He has also sat as an arbitrator in many investment arbitrations under the auspices of ICSID, the Permanent Court of Arbitration and other bodies, and on the tribunals addressing the boundaries between Trinidad and Barbados, and between Croatia and Slovenia. He sat as an ad hoc judge on the European Court of Human Rights and is the UK-nominated judge on the European Nuclear Energy Tribunal. He is Emeritus Chichele Professor of Public International Law and an Emeritus Fellow of All Souls College in the University of Oxford.

Among his more notable cases as counsel are: in the ICJ, the Antarctic Whaling case (for Japan), the Romania v Ukraine, Peru v Chile and Nicaragua v Colombia maritime boundary cases (for Romania, Peru, Nicaragua), the Palestinian Wall case (for Palestine), the Avena (Interpretation) case (for the USA), the Kosovo case (for Cyprus), the Timor-Leste v Australia case concerning certain documents (for Timor-Leste), and the Bolivia v Chile case concerning the obligation to negotiate access to the Pacific Ocean (for Bolivia); in the ITLOS, the Mox and Land Reclamation cases (for Ireland, Singapore); the Kishenganga and Southern Bluefin Tuna (for Pakistan, Japan) cases in ad hoc tribunals; and R v Jones and Milling (UK) and FG Hemisphere v Democratic Republic of the Congo (Hong Kong). He advises extensively on international law matters, including questions concerning maritime boundaries and offshore petroleum concessions, the Law of the Sea, investment protection, State immunity, territorial title, the structuring and organization of dispute settlement procedures, peace settlements and various aspects of independence and statehood negotiations.

Professor Laurence Boisson de Chazournes University of Geneva School of Law

Laurence Boisson de Chazournes is a Professor of international law at the Faculty of Law of the University of Geneva and the Director of the LLM in International Dispute Settlement (MIDS). She is an Associate Member of Matrix Chambers and a Member of the Institute of International Law. Her writings and practice cover various fields such as international economic law, international dispute settlement, international environmental law and the law of international organizations. She is a recognized practitioner for her role as an advisor to many international organizations, states, and non-state entities both public and private, as well as an arbitrator and counsel in various dispute settlement fora (inter alia ICJ, ITLOS, ICSID).

Toby Landau QC Essex Court Chambers, and Essex Court Chambers Duxton (Singapore Group Practice)

Toby Landau QC is a barrister, advocate and arbitrator, and a member of the Bars of England & Wales, Singapore, New York, the BVI and Northern Ireland, and registered in the DIFC. He practices in London from Essex Court Chambers, and in Singapore from Essex Court Chambers Duxton (Singapore Group Practice).

As Counsel, he has a broad commercial and international practice in London and Singapore, and has argued hundreds of major international commercial, investor-State and inter-state arbitrations, as well as many ground-breaking cases in the highest courts of England, Singapore, Hong Kong, Pakistan and the Caribbean including, by way of example, Dallah v Pakistan; Jivraj v Hashwani; Ust-Kamenogorsk v AES; IPCO v NNPC; and Halliburton v Chubb before the UK Supreme Court; Minister of Finance / 1MDB v IPIC and Janah v Benkharbouche before the English Court of Appeal; First Media v Astro in the Courts of Singapore and Hong Kong; and Hubco v Wapda in the Pakistan Supreme Court.

He is the first QC to have been permanently called to the Singapore Bar and since April 2012 he has been a member of the Panel of Advisors to the Attorney-General of Singapore.

As Arbitrator, he has extensive experience sitting as Chairman, Co-Arbitrator and Sole Arbitrator in commercial and investor-State disputes under most of the world’s leading ad hoc and institutional rules. He is a member of various panels, including ICSID.

He is Visiting Professor at Kings College London; Court Member of SIAC; Member of the Governing Board of ICCA; Fellow of the CIArb and Chartered Arbitrator; UK delegate to the UNCITRAL Working Group on Arbitration (1994-2013); a draftsman of the English Arbitration Act 1996; the Pakistan Arbitration (International Investment Disputes) Ordinance, 2006; the Mauritius International Arbitration Act 2008, as well as many institutional rules.

He holds a first-class law degree and a first class BCL from Oxford University (Eldon Scholar), and an LL.M. from Harvard Law School (Kennedy Scholar).

Alvin Yap Harry Elias Partnership LLP

Alvin acts as Counsel in State-to-State, investor-State and commercial disputes. He has represented States in proceedings before the International Court of Justice and Iran-US Claims Tribunal and arbitrations administered by the PCA and ICSID. He also regularly advises States and corporations on matters of public international law, particularly on land and maritime boundary issues.

He was an Adjunct Lecturer at NUS from 2017-2019, where he taught a course on State-to-State disputes. He was also a faculty member of the Singapore International Arbitration Academy in 2019. He is an alternate member on the International Law Association Committee on the Procedure of International Courts and Tribunals.

His recent publication history includes: co-author, “Challenges of Arbitrators in Investment Arbitration: Still Work in Progress?” in K. Yannaca-Small (ed.), Arbitration under International Investment Agreements: A Guide to the Key Issues (2nd Edition) (Oxford University Press: 2018); co-author, “Assignee’s right and obligation to arbitrate under Singapore law: a missed opportunity by the Court of Appeal?” in Indian Journal of Arbitration Law, Volume 5, Issue 2, January 2017; author, Brunei, Investment Protection in Southeast Asia (Brill|Nijhoff, 2016); and author, Indonesia, Investment Protection in Southeast Asia (Brill|Nijhoff, 2016).

Alvin graduated from the National University of Singapore (NUS) in 2012 placed on the overall Dean’s list. He represented NUS at the Jessup Moot in 2012 and he has coached several NUS moot teams. He was called to the Singapore Bar in 2013.

NOTICE

The webinars in this series are free of charge, but places are limited and prior registration is required. Successful registrants will receive a confirmation email.

The webinars will be conducted via Zoom and you will be able to post questions live on-line.

For enquiries, please contact [email protected]

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