BITs Cooling-Off Period: Opportunities for Settlement

CIArb’s Europe Branch, in association with Hillmont Partners, a reputable British-Ukrainian law firm, invites you to join us for a special discussion on cooling-off periods that under bilateral investment treaties provide an opportunity to resolve disputes amicably. Taking place on 20 October 2021 at 4.00pm Kyiv time, please check your local time zone.

Our renowned speakers and esteemed moderators, arbitration practitioners representing ICSID, state authorities, arbitration institutions and private practice, including top representatives from arbitration institutions such as ICSID, as well as of governments and state agencies, from private practice and beyond, will address how this investor-state mechanism may interplay with the dynamics of international mediation and arbitration with states.

They will highlight current legal frameworks and regulations in the EU, US and Ukraine, discuss the examination and consideration procedure of the BIT dispute notice and provide recommendations for BIT claimants on what should be done during the cooling-off period. The debate with revolve around the following subtopics (inter alia):

• The drafting of a cooling-off period clause in a BIT: why, how and when ?
• Are there different types of such clauses ?
• Do investors and states have different perspectives on the best use of this period ?
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• How frequently are they used in practice ?
• Any differences between ICSID and UNCITRAL mechanisms as to how these period are managed and processed?
• How do cooling-off periods, mediations and conciliations interact ?
• To what extent do the new rules express ICSID’s favorable position towards the amicable resolution of disputes?
• Which rules between the ICSID mediation rules and the ICSID conciliation rules should be favored during a cooling-off period?
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• What are the hurdles / disadvantages preventing users from using the mediation rules during a cooling off period ?
• Do BIT’s, in general, ensure compliance with the cooling-off period?
• What means are available to the arbitral tribunal to sanction non-compliance with the cooling-off period?
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Registration: Access to this event is complimentary, however pre-registration is required.

See details, including event speakers, here.