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APEC-UNCTAD Peer-Review Seminar for Negotiators of International Investment Agreements 11-13 April 2011 Santiago, Chile Organized by the Secretariats of the Asia-Pacific Economic Cooperation (APEC) and of the United Nations Conference on Trade and Development (UNCTAD), the Ministry of Foreign Affairs, Government of Chile and the Ministry of Economy, Government of Mexico Programme Table of Contents OUTCOME The Peer-Review Seminar for Negotiators of International Investment Agreements (IIAs), held in Santiago, Chile, from 11 to 13 April 2011, was organized jointly by the Secretariats of APEC and UNCTAD, the Ministry of Economy, Government of Mexico, and the Ministry of Foreign Affairs, Government of Chile, which hosted the event in Santiago Seminar Background This peer-review seminar forms part of a series of core elements projects to be undertaken during 2010-2011 by the APEC Investment Experts Group (IEG) in cooperation with UNCTAD This series builds on the previous three phases of the "APEC IEG Core Elements of IIAs Projects" conducted in 2007, 2008, 2009 and the first half of 2010 Three activities of this series involve the preparation of studies on core elements, while three other activities are relevant technical assistance and capacity building projects The peer-review seminar was a three-day peer-review meeting to discuss the draft of a Handbook for Negotiators of IIAs that is being written and prepared in the context of the recent series of APEC-UNCTAD core elements projects The draft Handbook was prepared in book and electronic format (online) and circulated to participants and experts prior to the Seminar to allow time for preparation Participants and Experts The seminar brought together government officials, especially current and former negotiators of IIAs, and experts from academia, law firms, private consulting and UNCTAD These included the author of the draft Handbook (Alejandro Faya) and the programmer of the electronic version (Peter Jetton) In all, 18 government officials (8 women and 10 men) from economies of the APEC region (Canada, Chile, Malaysia, Mexico, Peru, Philippines, Thailand, United States) and experts participated in the meeting The list of participants and experts is included in this report The seminar was held in English In peer reviewing the Handbook for Negotiators of IIAs, participants and experts contributed to the improvement of the draft Handbook whilst benefiting professionally from the intensive discussions that were held at the meeting and from sharing their experiences with other participants and experts Most participants and experts were involved in the negotiation of investment agreements or assumed other functions relevant to the issue, such as handling investment disputes The quality of participants and experts allowed for an in-depth review of the Handbook, interesting conversations, sharing of experiences and rich discussions At the end of the course, participants received a certificate of attendance and became members of the UNCTAD's network of IIA experts, which allows for continued interactive discussion and dissemination of information on IIA issues and investment disputes Participants and experts were also invited to join an online social media network to further discuss issues related to the Handbook and its content while comments from the Seminar are being addressed and a final version is being prepared Peer Review Methodology The draft Handbook – both book and electronic version – was prepared by two contractors with guidance from UNCTAD and circulated to participants and experts prior to the meeting The seminar programme was prepared by UNCTAD's work programme on IIAs, based on the structure of the Handbook and the issue areas that required discussion at the meeting The programme of the seminar is included in this report The seminar began with an introductory session on the Handbook, discussing its purposes and objectives, summarizing its content and presenting structure and organization of both the book and electronic versions The peer review discussions that followed began with a session on general issues and concerns, followed by indepth review of each individual section of the Handbook, which is organized by core element Each section of the Handbook (core element) was addressed in the following way: the presentation of the respective section by an expert or a participant, who assumed the role as lead discussant This was followed by an informal and open discussion on how the core element was covered in the Handbook, resulting in specific comments, feedback and suggestions for review by the author In this process, both the expertise of the invited experts and the concrete experiences and views shared by government officials were highly useful in making the draft Handbook into a useful tool for future negotiators of IIAs All sections (core elements) of the draft Handbook were reviewed and discussed at the meeting Seminar material The book and electronic versions of the Handbook were used in parallel during the peer review process, and circulated among participants and experts prior to the meeting Key publications on core elements in IIAs and other relevant UNCTAD publications were also distributed at the seminar Evaluation and follow-up UNCTAD and APEC evaluations of the seminar show very good results Consolidation of UNCTAD's questionnaire showed that the seminar fully reached the expectations of 89% of the participants and experts who completed the questionnaire In addition, 100% of the participants and experts rated the efficiency and the usefulness of the seminar to their official duties as excellent Participants and experts particularly appreciated the methodological approach taken at the seminar that focused on informal and open discussions and conversations All participants and experts rated the effectiveness and usefulness of the seminar format, with focus on open discussions, as excellent The UNCTAD secretariat has been asked to continue its research and technical assistance cooperation with APEC and its member economies through further activities, especially in the context of the Core Elements Projects This seminar further enhanced the working relationship between APEC and the UNCTAD secretariat In 2011, the remaining five projects will reach completion and planning is now underway for a new series of core elements projects for the year 2011-2012 Future activities could include further research projects and follow-up training courses and workshops on IIAs on an annual basis At such training courses and workshops, the finalized Handbook will be very useful training material Side Event At the request of the Ministry of Foreign Affairs of Chile, a full-day Workshop on International Investment Agreements took place on 13 April 2011 This capacity building workshop introduced international investment rulemaking, IIA core elements and the issue of investor-State dispute settlement to government officials from a variety of Chilean ministries Most participants had little prior familiarity with this field of international law The programme of the event is included in this report Course Organization The Seminar for Negotiators of IIAs was organized by Mr Cristian Rodriguez, Mr Raimundo Gonzalez and Mr Rodrigo Monardes from the Ministry of Foreign Affairs of Chile, by Ms Mónica López Rincón from the Ministry of Economy of Mexico, by Ms Anna Joubin-Bret and Mr Jan Knoerich from the International Investment Agreements Section, Division on Investment and Enterprise (DIAE), UNCTAD, and Ms Hiroko Taniguchi and Ms Norila bte Mohd Ali from the APEC Secretariat APEC-UNCTAD Peer-Review Seminar for Negotiators of International Investment Agreements 11-13 April 2011 Santiago, Chile Organized by the Secretariats of the Asia-Pacific Economic Cooperation (APEC) and of the United Nations Conference on Trade and Development (UNCTAD), the Ministry of Foreign Affairs, Government of Chile and the Ministry of Economy, Government of Mexico SEMINAR PROGRAMME Background and objectives: This activity forms part of an ongoing APEC Investment Experts' Group (IEG) project on the core elements of investment agreements It constitutes the continuation of previous research projects on core elements (Phases I and II), as well as a series of three technical assistance activities (Phase III) - a regional training course on core elements (Kuala Lumpur), a workshop on investor-State dispute settlement (Manila) and a workshop on dispute prevention and preparedness (Washington, D.C.) The Seminar for Negotiators of International Investment Agreements (IIAs) is a threeday peer-review meeting to discuss the draft of a Handbook for Negotiators of IIAs that is being written and prepared in the context of the APEC-UNCTAD core elements projects Speakers and resource persons will be invited to discuss and analyze the issues covered in the draft Handbook, and make recommendations The seminar is designed for participants from APEC economies who have substantial expertise in the area of IIAs and have already engaged in respective negotiations (or the resolution of investor-State disputes) Participants will review the draft handbook and contribute to its improvement in content and format The Handbook for Negotiators of IIAs will be made available in electronic form It will include a section for each of the core elements The purpose of this publication is to assist negotiators and policy makers of APEC economies in the concrete formulation of treaties, in the preparation of negotiations and in the formulation/wording of provisions during the negotiation process The Handbook can serve as a checklist for negotiators and a concrete tool in the preparation and conduct of negotiations of international investment agreements (IIAs) The preparation and finalization of the Handbook will benefit from the inputs obtained at the Seminar Participants and resource persons will read the draft before the seminar and prepare comments for the peer-review discussion on each of the core elements The subsequent exchange of views and experiences facilitated at the Seminar will be important in the process of completing the study The outcome of the seminar will be a set of recommended changes, to be addressed by the authors before a final version of the Handbook can be prepared Negotiators, policy makers and the government officials from APEC economies who will participate in the seminar will benefit from examining the substantive content of the Handbook and from the exchange of experiences and views of participants from different backgrounds Participants will also enrich their knowledge and their negotiating abilities Resource persons will be experienced negotiators, UNCTAD experts, university professors, arbitrators and practitioners Host economy: Chile Venue: University of Chile Coordination: Project overseers: Mr Cristian Rodriguez, Ministry of Foreign Affairs, Chile Ms Mónica López Rincón, Ministry of Economy, Mexico UNCTAD Secretariat: Ms Anna Joubin-Bret, Senior Legal Advisor, Work Programme on International Investment Agreements, Division on Investment and Enterprise (DIAE) Mr Jan Knoerich, Associate Expert, Work Programme on International Investment Agreements, Division on Investment and Enterprise (DIAE) Monday 11 April 2011 08:30 Registration 09:00 Opening Session Host Country Government, Ministry of Economy of Mexico, APEC and UNCTAD Representatives INTRODUCTION: THE HANDBOOK FOR NEGOTIATORS 09:30 Introduction: The Handbook for Negotiators of IIAs • Purpose and objective of the Handbook • Brief summary of the Handbook's content • Open questions and issues • Introduction to the Seminar and peer-review process Speaker: Jan Knoerich, Associate Expert, Work Programme on International Investment Agreements, Division on Investment and Enterprise (DIAE) Questions 10:45 Coffee break 11:00 Introduction: Demonstration of the e-Handbook • Overview of the e-version • Introduction to all the functions of the e-version Speaker: Peter Jetton, IT Expert, Washington and Lee University Questions 11:30 Methodology • Key words and explanations • Implications • Treaty formulations / examples • Jurisprudence Speaker: Alejandro Faya, AFr consulting, Head; Wöss & Partners, Of-Counsel; Universidad Iberoamericana, Professor of Law of Foreign Investment, Mexico Open discussion 12:30 Lunch PART I: SCOPE ISSUES 14:00 Open discussion (continued) 14:45 Definitions • Definition of investment • Definition of investor Lead discussants: Gheeta Devi Rengasamy, Assistant Director, International Cooperation Division, Malaysia Ms Veronica Maseda Beaumont, Lawyer Consultant of the Facilitation and Promotion Division, PROINVERSION Open discussion 16:15 Coffee break 16:30 Other Scope Issues • Denial of Benefits • Timeframe Lead discussant: Megan Clifford, Deputy Director, Investment Trade Policy Division, Department of Foreign Affairs and International Trade Open discussion 17:30 End of working day Tuesday 12 April 2010 09:00 Creating an e-Handbook for IIA Negotiations • Technological procedures, possibilities, challenges • Feasibility of various approaches to creating such a tool Peter Jetton, IT Expert, Washington and Lee University Questions PART II: INVESTMENT LIBERALIZATION 09:30 Relative Standards of Treatment • Most-favored nation treatment • National treatment • Interaction and links • Scheduling exceptions • Admission and establishment 10 Lead discussants: David Pawlak, Consultant - International Arbitration, David A Pawlak LLC Mónica López Rincón, Ministry of Economy, Mexico – Services and Investment Negotiations Open discussion 11:00 Coffee break PART III: INVESTMENT PROTECTION 11:15 Absolute Standards of Treatment • Fair and equitable treatment • Full protection and security • Minimum standard of treatment Lead discussants: David Pawlak, Consultant - International Arbitration, David A Pawlak LLC Andrea Saldarriaga, Consultant on international arbitration and investment law Open discussion 12:30 Lunch 14:00 Expropriation • Forms of expropriation • Compensation Lead discussant: Jai Motwane, Director for Services and Investment, Office of the United States Trade Representative (USTR) Open discussion 15:15 Other Investment Protection Provisions • Compensation for losses • Performance requirements • Employment of senior personnel Lead discussant: Jai Motwane, Director for Services and Investment, Office of the United States Trade Representative (USTR) Open discussion 16:15 Coffee break 11 16:30 Exceptions and Additional Provisions • Exceptions for taxation, security, health, culture, prudential measures etc • Innovative provisions, e.g on environment, labor, corporate social responsibility, development etc Lead discussants: Megan Clifford, Deputy Director, Investment Trade Policy Division, Department of Foreign Affairs and International Trade Andrea Saldarriaga, Consultant on international arbitration and investment law Open discussion 17:30 End of working day Wednesday 13 April 2011 09:00 Dispute Settlement • Investor-State dispute settlement • State-State dispute settlement Lead discussants: David Pawlak, Consultant - International Arbitration, David A Pawlak LLC Jane E Yu, Office of the Solicitor General, Philippines Open discussion 11:15 Coffee break 11:30 Transfer of Funds • Scope of the transfer provision • Exceptions • Interaction and links Lead discussant: Andrés Jana, Partner, Bofill Mir & Alvarez Jana Open discussion 12:30 Lunch break PART IV: INVESTMENT PROMOTION 14:00 Investment Promotion and Facilitation • Investment promotion provisions • Transparency 12 Lead discussants: Raimundo González, Head of the Chilean team of bilateral and multilateral investment negotiators Rodrigo Polanco Lazo, Assistant Professor of International Economic Law, Universidad de Chile School of Law Open discussion CONCLUSING SESSION 15:00 Other Core Elements • Subrogation • Entry and sojourn • Umbrella clause Open discussion 16:00 Coffee break 16:15 De-briefing • Final comments, thoughts, insights by participants and resource persons Moderator: Jan Knoerich, Associate Expert, Work Programme on International Investment Agreements, Division on Investment and Enterprise (DIAE) 17:00 Closing Session 17:30 End of Seminar 13 APEC-UNCTAD Peer-Review Seminar for Negotiators of International Investment Agreements 11-13 April 2011 Santiago, Chile Organized by the Secretariats of the Asia-Pacific Economic Cooperation (APEC) and of the United Nations Conference on Trade and Development (UNCTAD), the Ministry of Foreign Affairs, Government of Chile and the Ministry of Economy, Government of Mexico LISTS OF PARTICIPANTS AND SPEAKERS 14 LIST OF PARTICIPANTANTS FROM GOVERNMENTS Country Name Email Address Canada Megan Clifford Megan.Clifford@international.gc.ca Chile Juan Araya jaraya@hacienda.gov.cl Chile Eduardo Bobadilla ebobadilla@inversionextranjera.cl Chile Krasna Bobenrieth kbobenrieth@direcon.cl Chile Carlos Dettleff cdettleff@inversionextranjera.cl Chile Raimundo González rgonzalez@direcon.cl Chile Felipe Henríquez fhenriquez@direcon.cl Chile Rodrigo Monardes rmonardes@direcon.cl Chile Daniela Montola dmontanola@direcon.cl Chile Cristián Rodríguez crodriguez@direcon.cl Chile Rodrigo Rojo rrojo@hacienda.gov.cl Chile Felipe Sandoval fsandoval@direcon.cl Malaysia Gheeta Devi gheeta@mida.gov.my Mexico Monica Lopez monica.lopez@economia.gob.mx Peru Veronica Maseda Beaumont vmaseda@proinversion.gob.pe Philippines Jane E Yu janeyu.osg@gmail.com Thailand Sureeporn Saksawangkun sureeporns@boi.go.th United States Jai Motwane Jai_Motwane@ustr.eop.gov 15 LIST OF KEY EXPERTS Alejandro Faya AFr consulting, Head Wöss & Partners, Of-Counsel Universidad Iberoamericana, Professor of Law and Foreign Investment, Mexico Tel: + 52 55 55538630 Email: afayardz@gmail.com Andres Jana Partner Bofill Mir & Alvarez Jana Email: ajana@bmaj.cl Peter Jetton Director of Communications Washington and Lee (W&L) University School of Law Email: PJetton@wlu.edu Jan Knoerich Associate Expert UNCTAD Tel: + 41 22 917 5911 Email: jan.knoerich@unctad.org David Pawlak Consultant - International Arbitration David A Pawlak LLC Email: dapawlak@davidpawlak.com Rodrigo Polanco Lazo Assistant Professor of International Economic Law Universidad de Chile School of Law Email: rpolanco@derecho.uchile.cl Andrea Saldarriaga Consultant on international arbitration and investment law Email: andrea@asaldarriaga.net 16 APEC-UNCTAD Peer-Review Seminar for Negotiators of International Investment Agreements 11-13 April 2011 Santiago, Chile Organized by the Secretariats of the Asia-Pacific Economic Cooperation (APEC) and of the United Nations Conference on Trade and Development (UNCTAD), the Ministry of Foreign Affairs, Government of Chile and the Ministry of Economy, Government of Mexico BIO NOTES OF KEY SPEAKERS 17 Alejandro Faya-Rodriguez Alejandro Faya- Rodríguez heads AFr consulting in Mexico City He specializes in foreign investment, treaties, arbitration and economic regulation He is also OfCounsel at Wöss & Partners, consultant for the Program of International Agreements of the United Nations, external associate of the Centre of Research for Development and legal advisor of the Chamber of Deputies of the Mexican Federal Congress Before becoming an independent consultant, he worked at prestigious law firms in Mexico City and also at the Ministry of Economy, where he was chief negotiator of investment treaties and senior legal advisor for competition and regulation matters He has a first law degree from the Universidad Iberoamericana a Magister Juris from the University of Oxford and a Master in Compared Public Policies from the LatinAmerican Faculty of Social Sciences He also has attended the Specialized Courses on Public and Private International Law at the Hague Academy of International Law He is Professor of Law in the Universidad Iberoamericana, where he teaches law on foreign investment and economic regulation He is columnist at “El Economista” and “Reforma” He has several publications in legal journals and has been speaker in numerous seminars on investment and international law issues He is co-author the new “pinkbook” edition of Most-Favoured-Nation Treatment of the United Nations (2010), and is currently preparing a Handbook for Negotiation of Investment Treaties for APEC Andres Jana With Arnold & Porter, Washington, D.C., 1995-1996 Director of Legal Studies of the Chilean Central Bank, 1996-1998 Legal Advisor of the Chilean Government in negotiations for the Free Trade Agreement with the U.S and the European Community for investment and financial services chapters External Legal Advisor of the Chilean Foreign Investment Committee and Ministry of Finance of Chile Professor of Private Law at the University of Chile Author: Recurso de Protección y Contratos (Constitutional Challenges and Contracts), Editorial Jurídica de Chile, 1996 Member of the Panel of Arbitrators of the ICSID; Member of the Chilean Bar Association Peter Jetton Mr Peter T Jetton is Director of Communications for the Washington and Lee (W&L) University School of Law In this capacity, Jetton coordinates all communications activities for the School of Law, including strategic planning, news and event promotion, publications, media relations and internal communications In addition, he manages web, email, and social media communications and the growing repository of digital content produced by the Law School 18 For the last three years, Jetton has been chief architect of the Law School's external web presence, taking the site through several redesigns and greatly increasing the quantity and frequency of online dynamic content, including news coverage, RSS feeds, and podcasts He is also lead developer of the Law School's web-based content management system Before joining the School of Law in 2005, Jetton served as W&L's University Web Editor, where he was responsible for a variety of web-based resources and development projects In his capacity as Communications Director for W&L, Jetton served as the chief communications and technology consultant for the joint W&L-UNCTAD Symposium on International Investment and Alternative Dispute Resolution, held in Lexington, Virginia in March 2010 He developed a custom website and secure blog solution in order to foster confidential pre-conference dialog and assisted with the integration of social media tools during the conference to expand participation to those following the proceedings online Jetton has continued his relationship with UNCTAD as an independent consultant on the G15 Law School project, an effort to develop a network of law schools around to world to discuss and exchange the most recent scholarly thinking on international investment law and economic development For this project, Jetton again established a custom blog solution for G15 members and also developed live blog technologies utilized during UNCTAD’s International Investment Agreements Conference 2010 during the World Investment Forum 2010 in Xiamen, China this September Jetton earned a B.A in English from Dickinson College in 1994 and an M.A in English from North Carolina State University in 1998 Prior to joining the University in 2000, Jetton taught rhetoric and composition at James Madison University He was also worked as a project manager in the Professional Services division of SAS Institute, one of the largest privately-owned software companies in the world Jan Knoerich Dr Jan Knoerich is Associate Expert on International Investment Law and Policies in the Division on Investment and Enterprise of UNCTAD He joined UNCTAD's Work Programme on IIAs in 2008, where he works as a researcher in the area of investment policy analysis, coordinates technical assistance and training activities and organizes intergovernmental meetings He contributes to the UNCTAD Series on International Investment Policies for Development and other UNCTAD publications, through his own research and writing and by finalizing studies by other authors His main expertise is in the area of foreign direct investment and its development implications, international investment law, and outward foreign direct investment from emerging economies He has published several articles on foreign direct investment and international investment law Jan Knoerich holds a PhD in Economics from the School of Oriental and African Studies, University of London He obtained his Master's Degree in Diplomacy and International Relations from Seton Hall University (USA), where he studied as a Fulbright scholar He speaks English, German, Chinese and French 19 David Pawlak David Pawlak, an attorney admitted to the bar of the State of New York, provides advisory and representation services in international arbitration matters with a focus on investor-State disputes Mr Pawlak has represented clients in arbitration matters under the rules of the United Nations Commission on International Trade Law (UNCITRAL); the International Centre for Settlement of Investment Disputes (ICSID) Additional Facility; the International Arbitral Center of the Austrian Federal Economic Chamber, Vienna (VIAC); and the International Chamber of Commerce (ICC) Mr Pawlak’s recent engagements include, among other matters, serving as lead counsel to the Slovak Republic in defense of a multimillion Euro investment treaty claim He also led the defense of a multimillion dollar claim brought against Poland under the UNCITRAL Arbitration Rules and the Poland-U.S bilateral investment treaty He has been retained to advise the Ukraine in connection with two ICSID investment treaty matters Mr Pawlak also has assisted the Colombian government in the implementation of its investment treaty obligations The United Nations Conference on Trade and Development (UNCTAD) has called upon him to provide training on investment treaty matters for officials from dozens of governments at courses in Malaysia, Ukraine, Belarus and Peru He also has provided technical assistance to Morocco on the investment provisions of the Morocco-US Free Trade Agreement, and advised Chile on revisions to its Model BIT Mr Pawlak’s recent commercial arbitration matters include a high-value European telecommunications industry arbitration sited in Vienna Until August 2005, Mr Pawlak served as an Attorney-Adviser in the Office of the Legal Adviser at the US Department of State He was a key member of the US legal team dedicated exclusively to investment treaty matters Prior to beginning work with the US Department of State in 2001, Mr Pawlak was an associate at Milbank, Tweed, Hadley & McCloy in New York While there, he focused on complex commercial litigation and international arbitration Prior to Milbank Tweed, he held the position of Assistant District Counsel in the US Department of Justice Honors Program David Pawlak has lectured on arbitration, including at international conferences and training programs in Asia, Africa, Europe, Latin America and the United States He is a member of UNCTAD’s international investment agreements experts group, and the Panel of Arbitrators at the International Centre for Settlement of Investment Disputes (ICSID) Mr Pawlak has written on international arbitration and trade and investment treaty issues, including a book chapter entitled Managing Investment Treaty Obligations And Investor-State Disputes: A Guide for Government Officials (Kluwer International Law 2008) 20 Rodrigo Polanco Lazo Chilean lawyer, with a master degree from New York University and another from the University of Chile He specializes in economic and international law, and has substantive experience on investment law, environmental law, air and space law and litigation He is law professor and published scholar, and also a practitioner with over 13 years of experience in both the private and public sector Admitted to bar in Chile Trilingual Andrea Saldarriaga Andrea Saldarriaga is consultant on international arbitration and investment law London, United Kingdom She is sole arbitrator and party-appointed arbitrator various commercial disputes under the arbitration rules of the Bogota Chamber Commerce She collaborates with international arbitrators in the preparation procedural orders and awards in in of of In the past, she was a consultant on international arbitration and investment law in New York, USA She held positions as an Associate at Freshfields Bruckhaus Deringer, International Arbitration Group, Paris, France and at Zuleta & Partners – Attorneys at law, in Bogota, Colombia She holds a Master’s Degree in International Commercial Law from Université Paris X Nanterre, Paris, France 21 SIDE EVENT WORKSHOP ON INTERNATIONAL INVESTMENT AGREEMENTS Santiago, Chile, 13 April 2011 Escuela de Derecho Universidad de Chile Pío Nono 1, Auditorio Arturo Alessandri Programme 09:30 Opening Remarks Ana Novik , General Director of Economic International Affairs 09:45 - 10:45 International Investment Agreements (IIAs) - An Overview • Objectives and purpose of IIAs (protection, promotion, liberalization) • Structure and types of IIAs Raimundo González, Head of the Chilean team of bilateral and multilateral investment negotiators Rodrigo Monardes, Ministry of Foreign Affairs, Chile Break 11:00 - 11:45 Scope and Definitions • Purpose of scope and definition clauses • Definition of investment • Definition of investor Andrea Saldarriaga, Consultant on international arbitration and investment law 22 Rodrigo Polanco Lazo, Assistant Professor of International Economic Law, Universidad de Chile School of Law 12:00 - 12:45 Investment Protection • Investment Protection in IIAs • Fair and equitable treatment and Full Protection and Security (Andrea) • Expropriation Andrea Saldarriaga, Consultant on international arbitration and investment law Jai Motwane, Director for Services and Investment, Office of the United States Trade Representative (USTR) Break 14:00 - 15:00 Non discrimination • Most-favoured nation treatment • National treatment Megan Clifford, Deputy Director, Investment Trade Policy Division, Department of Foreign Affairs and International Trade 15:00 - 16:00 Dispute Settlement in IIAs • Investor-State and State-State dispute settlement • Investor-State dispute settlement mechanisms and rules • Recent developments in investor-State dispute settlement David Pawlak, Consultant - International Arbitration • Chile's experience with ISDS Andrés Jana, Partner, Bofill Mir & Alvarez Jana The workshop is held in Spanish and in English 23 ... individual section of the Handbook, which is organized by core element Each section of the Handbook (core element) was addressed in the following way: the presentation of the respective section by... Mexico, APEC and UNCTAD Representatives INTRODUCTION: THE HANDBOOK FOR NEGOTIATORS 09:30 Introduction: The Handbook for Negotiators of IIAs • Purpose and objective of the Handbook • Brief summary of... (DIAE) Questions 10:45 Coffee break 11:00 Introduction: Demonstration of the e-Handbook • Overview of the e-version • Introduction to all the functions of the e-version Speaker: Peter Jetton, IT
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