Originally from Investment Treaty Arbitration and International Law – Preview Page

PANEL 1 

DR. TODD WEILER: So, good morning and thank you for attending our 19th Annual Conference on Investment Treaty Law and Arbitration. We’re grateful to DLA Piper for providing us with access to these facilities. I just asked the AI app on my phone to give me a short biography of the arbitrator, Brian Casey and, luckily, there’s only one, and this is what it says, J. Brian Casey is a Canadian International Arbitrator with over forty years of experience, specializing in commercial dispute resolution across domestic and international forums. There’s no way I can say all of the vast biography it has generated without my voice getting way too dry, so I’m going to skip it and just say that Brian just received a lifetime achievement award from the Toronto Commercial Arbitration Society, which probably says more than I could at this point. 

MR. J. BRIAN CASEY: It was basically an award that said, You’re officially old, Casey. 

DR. TODD WEILER: Basically, we’re giving this to you now in case you die soon. And I hope you don’t die until at least the end of this panel, my friend. 

MR. J. BRIAN CASEY: Good morning, everyone, and it’s going to be an interesting day. The way it’s set up, they’ve done a great job. The first panel has the question “True or False: Arbitrator Challenges that Are Based Upon Issue Conflicts Have Gone Off the Rails?” Now, I thought as a group that we would start by briefly listing the situations that fall within that very general category of issue conflicts, and what we’ll talk about today is, for example, where an arbitrator has written or commented on a point of law or interpretation of a treaty that is now at issue, or where the arbitrator has written or spoken about the very case at hand, or has made comments about one of the parties.