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DTSTAMP:20260424T151141Z
DTSTART:20250403T104500Z
DTEND:20250403T123000Z
SUMMARY:Session two - Optimising international arbitration: novelties in 
 England and concerns regarding shareholders’ claims in ISDS
DESCRIPTION:This Oxford-style panel will delve into two issues\, with a p
 anellist defending the motion and the other rebutting it.\nThe first mot
 ion will be: “this house believes that recent English case law and the r
 eform of the Arbitration Act will boost London’s role as leading seat fo
 r international arbitrations”. The Bill for the Review of the Arbitratio
 n Act 1996 is currently being discussed in the UK Parliament and propose
 s inter alia to modify the rules on the governing law of an arbitration 
 agreement\, the powers that courts can exercise in support of arbitratio
 n in respect of third parties\, and the scope of review of arbitral awar
 ds. Moreover\, recently\, the UK Supreme Court delivered significant jud
 gments on the law governing the arbitration clause and the power of Engl
 ish judges to issue anti-suit injunctions in the context of foreign-seat
  arbitration (Enka v. Chubb [2020] UKSC 38 and UniCredit Bank v. RusChem
 Alliance [2024] UKSC 30). During the motion the panellists will discuss 
 these recent developments and their actual and potential impact on arbit
 ral proceedings seated in England.\nThe second motion will be: “this hou
 se believes that the current treatment of shareholders’ claims for refle
 ctive loss in ISDS is appropriate”. Investor-State tribunals have freque
 ntly allowed claims by foreign shareholders to recover the loss in the v
 alue of the shares of a company affected by measures implemented by the 
 host State in which they held an interest. This has come under intense s
 crutiny in recent years. During the motion\, the panellists will debate 
 the current treatment of these claims by ISDS tribunals.
LOCATION:Cambria Room\, 3rd Floor
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