Investment Treaty Arbitration Reforms: What Role for the International Court of Justice?

Melbourne Law School
Room 920, Level 9
185 Pelham St
Carlton VIC 3053

Melbourne Law School
Boardroom, Level 10
1:00PM - 2:00PM
185 Pelham St, Carton VIC
attendance free, registration essential

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About the seminar

The flaws of investment arbitration (both real and perceived) led the United Nations Commission on International Trade Law (UNCITRAL) to entrust its Working Group III in July 2017 with the evaluation of the need for and extent of reform of the investor-state dispute settlement (ISDS) system.

In the meantime, within and outside UNCITRAL, the EU and certain influential arbitrators are attempting to steer the debate on the topic, with partly overlapping proposals pivoting around the creation of a new international court to either complement or substitute altogether the current arbitration system.

Apart from the West’s inability to express a common position, the international community appears fragmented, not only along the usual developed/developing dichotomy, but also between states more or less intensely integrated in the world’s trade and investment flows.

In this seminar, Dr. Vaccaro-Incisa will comment on both proposals, moving from the positions expressed by states at UNCITRAL so far, and will explore the possibility of a third solution aiming at institutionalizing the involvement of judges of the International Court of Justice in the review of investment awards.

About the presenter

Dr. Matteo Vaccaro-Incisa is professeur-chercheur of International Law and International Dispute Settlement at IESEG School of Management (Paris), and international arbitration Of Counsel at Carnelutti Law Firm (Milan).

As an academic, Matteo has authored several contributions on international law and dispute settlement, as well as European relations, politics, and law, presented in numerous institutions (e.g., Chinese University of Hong Kong, Moscow State University, Melbourne Law School, University of Buenos Aires, Bocconi University, University of Belgrade, University of Warsaw). His chief regional areas of research are the EU, China, and Southeast Asia (including a forthcoming book on China’s treaty policy and practice in international investment law and arbitration, Brill).

As a practitioner, further to an extensive experience in negotiating and drafting international contracts (services and construction), and transnational litigation (media & TLC), he has participated in several arbitral proceedings, both domestic (Italy) and international (ICSID, UNCITRAL), as party counsel or assistant either to the tribunal as a whole or its individual members, specifically on jurisdictional and interpretive issues, and comparative analyses of States’ investment treaty practice. His principal regional areas of practice are the EU, the Western Balkans, and Latin America.

Matteo has been a member of the Italian Bar since 2007 and a member of the Spanish Bar since 2010.  He was indicated in the list of foreign arbitrators of the Belgrade Arbitration Center in 2015.