Forty-Second ITF Public Conference: Illegality in International Investment Law (Hybrid)

Event Details

The consequences of an investment being deemed illegal can be severe, including the denial of substantive protections, jurisdiction, and potential claims for damages. Although numerous arbitral decisions and scholarly debates have addressed the issue of illegality in international investment, much uncertainty still remains.

Illegality may touch upon various aspects of investment activities and dispute resolution procedure, including violations of host laws, evidence obtained by illegal means, illegality in investment contracts. These issues may arise during arbitral proceedings or at the enforcement stage. Debates continue as to whether the illegality of the investment should be assessed at the time of establishment or throughout the lifespan of the investment.

Investments that are made in violation of the host state's laws and regulations, such as environmental regulations or licensing requirements, may be considered illegal and, consequently, not entitled to protection under international investment agreements (IIAs) or international law.

If an investment is obtained through bribery, fraud, or other forms of corruption, tribunals may find that the investment is tainted and, therefore, not protected by IIAs or international law. This is known as the "corruption defence" and has been applied in various cases.

More generally, investments that involve the proceeds of criminal activities or money laundering may be considered illegal and, therefore, not protected by IIAs or international law.

The Investment Treaty Forum will bring together the leading practitioners and academics in the field of international investment law as well as representatives of governments to discuss these complex issues. 

Join in the conversation @BIICL #ITFLaw #ISDS

Provisional Programme

09.00 - 09.30 | Registration with coffee & tea

09.30 - 09.45 | Welcome and Introduction

09.45 - 10.15 | Keynote Address

10.15 - 11.45 | Panel 1. Jurisdiction of Tribunals and Illegality

• Approaches to illegality in international investment treaties
• Types of illegality in ISDS (violation of licensing/permits, fraud, corruption, money laundering, etc)
• Consequences of illegality of investments (e.g., declining jurisdiction, declaring claim inadmissible, effect on the merits)

11.45 - 12.00 | Break

12.00 - 13.30 | Panel 2. Powers of Tribunals, Illegality and Corruption

• Admissibility of evidence obtained through illegal means
• "Corruption defense" and State counterclaims
• Social license to operate and investor responsibility

13.30 - 14.30 | Lunch

14.30 - 16.00 | Panel 3. Domestic Courts and Illegality in Arbitration

• The interplay between courts and tribunals during arbitral proceedings (including provisional measures)
• Evidentiary impact of domestic court proceedings on international tribunals
• Post award control over illegality in international arbitration

16.00 - 16.15 | Concluding Remarks

This programme is subject to change.

Speakers

• Prof. Mark Pieth, Founder of the Basel Institute of Governance, Basel (keynote)
• Prof. Arif Ali, Dechert, Washington
• Chloe Baldwin, Steptoe
• Jessica Gladstone, Clifford Chance, London
• Lucy Winnington-Ingram, Reed Smith, London
• Professor Tomoko Ishikawa, University of Nagoya, Nagoya
• Prof. Yarik Kryvoi, British Institute of International and Comparative Law, London
• Prof. Maurice Mendelson KC, Blackstone Chambers, London
• Annie Pan, Freshfields Bruckhaus Deringer, London
• Alan Bonfiglio Rios, Government of Mexico, Mexico City
• Prof Attila Massimiliano Tanzi, London

Pricing and Registration

This is a hybrid conference, being held in person at the BIICL office in Russell Square, London and virtually.

Book to attend the event in person 
Book to attend the event online