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PDF of Title Page and TOC

PART I: TRUE OR FALSE: ARBITRATOR CHALLENGES THAT ARE BASED UPON ISSUE CONFLICTS HAVE GONE OFF THE RAILS?

CHAPTER 1 - Challenges to Arbitrators Based on “Issue Conflicts”: A Treatment Worse than the Disease?
Peter L. Schmidt 

CHAPTER 2 - Arbitrator Challenges Based Upon Issue Conflicts Have Not Gone Off the Rails
Dina Prokić 

CHAPTER 3 - True or False: Arbitrator Challenges That Are Based Upon Issue Conflicts Have Gone Off the Rails? PANEL DISCUSSION
Peter L. Schmidt
Dina Prokić
J. Brian Casey 
Anthony Daimsis
Domenico Di Pietro
Miriam Harwood 
Martin J. Valasek

PART II: TRUE OR FALSE: THE RED FLAG APPROACH TO IDENTIFYING CORRUPTION IN ISDS HAS OUTLIVED ITS USEFULNESS?

CHAPTER 4 - The Uses and Abuses of Red Flags in Proving Corruption
Kevin W. Gray 

CHAPTER 5 - The Red Flag Approach to Identifying Corruption in ISDS Has Not Outlived its Usefulness
Natalia Giraldo Carrillo 

CHAPTER 6 - True or False: The Red Flag Approach to Identifying Corruption in ISDS has Outlived its Usefulness? PANEL DISCUSSION
Kevin W. Gray 
Natalia Giraldo Carrillo 
Ian Laird
Mohannad El Murtadi Suleiman
Karan Joseph 
Amanda J. Lee 
Parveen Sandhu

CHAPTER 7 - Keynote Address: “The Trials and Tribulations of Treaty Arbitration”
Andrea Bjorklund 

PART III: YES OR NO: BY THE END OF ITS TERM, THE TRUMP ADMINISTRATION WILL HAVE OVERTHROWN EIGHT DECADES WORTH OF FOREIGN INVESTMENT POLICY, HERETOFORE BASED UPON THE TWIN PILLARS OF LIBERALIZATION AND PROMOTING THE RULE OF LAW?

CHAPTER 8 - Will Trump “Make America Great Again”?
Olivia Kaye 

CHAPTER 9 - Foreign Investment Policy Under the Second Trump Administration: The Case Against Catastrophizing
Aphiwan Natasha King 

CHAPTER 10 - Yes or No: By the End of its Term, the Trump Administration Will Have Overthrown Eight Decades Worth of Foreign Investment Policy, Heretofore Based Upon the Twin Pillars of Liberalization and Promoting the Rule of Law? PANEL DISCUSSION
Olivia Kaye 
Aphiwan Natasha King 
Hon. Barry Leon
Hon. Charles “Chip” Brower II 
Timothy Ellam
Geneviève Helleringer
Myriam Seers

PART IV: TRUE OR FALSE: INTERNATIONAL INVESTMENT LAW AND ARBITRATION ARE ILL-EQUIPPED TO ADDRESS CLIMATE CHANGE RELATED DISPUTES?

CHAPTER 11 - When an Unstoppable Force Meets an Immovable Object—The Ongoing Collision Between International Climate Action and Investment Treaty Arbitration 
Dianne Lake 

CHAPTER 12 - A Changing Climate for Investment Arbitration: Why ISDS Remains Equipped for Climate Change Related Disputes
Ryan Pistorius

CHAPTER 13 - True or False: International Investment Law and Arbitration Are Ill-equipped to Address Climate Change Related Disputes? PANEL DISCUSSION
Dianne Lake 
Ryan Pistorius
Martha Harrison
Jessica Crow 
Ylli Dautaj 
Kabir Duggal 
Janet Walker 

TABLE OF CASES 

INDEX 

Editors

Dr. Kabir Duggal is a preeminent international arbitration and public international law practitioner, serving as Senior Fellow and Advisor at Columbia Law School’s Center for International Commercial and Investment Arbitration (CICIA) and a Partner at Akin Gump’s New York and DC offices. Recognized as a “Chartered Arbitrator” and Certified Mediator, he has served as arbitrator in over 70 complex investor-state and commercial disputes across multiple jurisdictions and industries, frequently acts as an expert on international arbitration and public international law matters, and has contributed to shaping global arbitration standards. He is a Lecturer-in-Law at Columbia, an adjunct professor at Fordham, and Course Director for the Columbia Law School–CIArb Comprehensive Course on International Arbitration, with over 60 publications, multiple books—including Evidence in Investment Arbitration (Oxford), Principles of Evidence in Public International Law (Brill), and Pro-Arbitration Revisited (Juris)—and more than 400 speaking engagements worldwide. Dr. Duggal also advises the UN Office of the High Representative for LDCs on the Investment Support Program, works with the U.S. Department of Commerce’s CLDP initiatives, has conducted extensive global training for governments and institutions, and serves on numerous advisory and steering committees for international arbitration bodies. He is consistently ranked by Lexology, Chambers Global, Chambers USA, Legal500, and LawDragon. His work has been recognized with numerous awards, including the Hind Rattan, Smit-Lowenfeld Prize, the “Champion for Change” award by ArbitralWomen, Legal Era’s “40 under 40 Rising Star,” and the Dispute Resolution Practitioner of the Year—Americas and Global awards. He holds degrees from the University of Mumbai (University Medal), University of Oxford (DHL-Times of India Scholar), NYU (Hauser Global Scholar), Leiden (CEPANI Academic Prize), and Harvard Law School (Albert S. Pergam award and Harvard International Law Journal Note award), and is admitted to practice in New York, the District of Columbia, England & Wales, and India.

Camilla Gambarini is a Special Counsel in Withers’ arbitration and public international law team. Dual qualified as an Avvocato (Italy) and as a Solicitor Advocate (England & Wales), Camilla specializes in international arbitration (commercial and investment treaty) and public international law matters. She has represented individuals, companies, States and State-owned entities in international arbitrations across a range of sectors, including the apparel, aviation, energy, gambling, infrastructure, insurance, metal, oil & gas, and railway industries in different regions of the world, particularly the MENA region, CIS countries and Latin America. She has experience of international commercial and investment arbitrations under the auspices of the CAM, CIAC, ICC, ICSID, LCIA and UNCITRAL rules. For her work in public international law, Chambers UK ranked Camilla since 2023 and in 2025 as “Up and Coming.” For her work in international arbitration, since 2021 she has been ranked in Who’s Who Legal (now Lexology) and since 2023 as Global Elite Below 45 (top 5%).

Todd J. Weiler is an Independent International Arbitrator and expert on international investment law and practice. He received a B.A. (Hons.) from the University of Waterloo (Canada), a M.A. and LL.B. from Western University (Canada), a LL.M. from the University of Ottawa, and a LL.M. and S.J.D. from the University of Michigan. In addition to inaugurating Juris’s conference and book series on international investment law and arbitration, Dr. Weiler is also a co-founder of both Investmentclaims.com, managed by Oxford University Press, and the Society of International Economic Law. His name has appeared on the Who’s Who Legal/Lexology list of leading international arbitration lawyers since 2007 and on the Global Arbitration Review’s list of the world’s leading specialist international arbitration firms, the GAR 100, since 2011.

Authors

Natalia Giraldo Carrillo, Arnold & Porter (New York)

Kevin W. Gray, Peking University School of Transnational Law (China)

Olivia Kaye, Outer Temple Chambers (London)

Aphiwan Natasha King, 4 Pump Court (London)

Dianne Lake, Arnold & Porter (New York)

Ryan Pistorius, Weintraub Huang (Toronto)

Dina Prokić, Woods (Montreal)

Peter L. Schmidt, Arnold & Porter (Washington, DC)

Faculty

Charles Brower II (Chip), Wayne State University Law School (Detroit, MI)

Jessica Crow, Arbitra International

Anthony Daimsis, University of Ottawa (Canada)

Ylli Dautaj, Durham Law School (UK)/ DER Disputes (Stockholm)

Domenico Di Pietro, Di Pietro Arbitration (Miami & London)

Kabir Duggal, Columbia Law School/Arnold & Porter (New York)

Mohannad El Murtadi Suleiman, Curtis, Mallet-Prevost, Colt & Mosle (Dubai, Riyadh, New York)

Timothy Ellam, McCarthy Tétrault (Calgary & London, UK)

Miriam Harwood, International Arbitrator (New York)

Geneviève Helleringer, University of Oxford (UK)

Karan Joseph, Shardul Amarchand Mangaldas & Co (Bengaluru)

Amanda J. Lee, Costigan King & LML Arbitration

Parveen Sandhu, Independent Arbitrator & Mediator (Vancouver)

Myriam Seers, Agora International (Toronto)

Martin J. Valasek, Bennett Jones (Canada)

Janet Walker, Toronto Arbitration Chambers

Moderators

J. Brian Casey, Bay Street Chambers (Toronto), Arbitra International (London)

Martha Harrison, McCarthy Tétrault (Toronto)

Ian Laird, Crowell & Moring (Washington DC)

Barry Leon, Arbitration Place | 33 Bedford Row | Caribbean Arbitrators

Speaker

Andrea Bjorklund, McGill University Faculty of Law (Montreal)

 

This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field."
- Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

"This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation."
- Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is former Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Private International Law

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions."
- Droit Et Pratique Des Investissements Internationaux - (International Investments Law and Practice)