NOVEMBER

30

- DECEMBER

4

1ST EDITION

2020

COVID-19 and International Arbitration

(12:00pm - 1:30pm)

As States and commercial actors embrace the new reality of a post-COVID-19 world, the consequences of safety measures anddeclarations of national emergencies to address the crisis arearising. The array of measures taken, and legislation enacted inalmost every State to combat the pandemic is having importanteffects on foreign investment and international transactions.Actions that may otherwise be qualified as contractual breaches orviolations of investment treaties today might be viewed under anew light given the unprecedented situation.

This Panel will discuss the challenges facing arbitral institutions andthe potential arguments and tools at the disposal of partiesengaged in international commercial and investment disputes inthe context of the pandemic. Attention will be given to whether thetraditional procedures and rules of responsibility are equipped todeal with the current situation and the consequences in theaftermath.

Monday, November 30th

Anne Marie Whitesell is Professor and LL.M.Program Faculty Director of the Program onInternational Arbitration and Dispute Resolutionat Georgetown University Law Center inWashington, D.C. Prior to joining Georgetown,she practiced with the law firm Dechert LLP inWashington and Paris. Ms. Whitesell wasSecretary General of the ICC International Courtof Arbitration from 2001 to 2007. She alsopreviously taught at the Université de Paris I, theInstitut de Droit Comparé and Georgetown. Ms.Whitesell has practiced with law firms in boththe United States and in France, and has actedas arbitrator and counsel in numerousinternational arbitrations. Ms Whitesell receivedher A.B. from Smith College, her J.D. from theUniversity of Virginia School of Law and herDoctorate in Law from the Université de Paris I,Panthéon-Sorbonne.

Speakers

Anne Marie Whitesell

Mélida Hodgson is head of New YorkInternational Arbitration Practice atJenner & Block. Ms. Hodgson focusesher practice on investor-state andcommercial arbitrations, counsellinggovernments and state-ownedentities, as well as corporate entities,with respect to internationalinvestment protection provisions,business disputes and World TradeOrganization (WTO) disputeresolution and international tradepolicy issues.

Mélida Hodgson

Gonzalo Flores serves as DeputySecretary-General of the InternationalCentre for Settlement of InvestmentDisputes (ICSID). Mr. Flores joined ICSIDin June 1998, acting in differentcapacities during his tenure. In October2016, Mr. Flores was elected DeputySecretary-General by the MemberStates of ICSID’s Administrative Council.Prior to joining ICSID, he worked as anassociate with the law firms of Estudio-Carvallo S.A and GQMC & Cia. inSantiago, Chile, advising clients oncorporate and financial matters. Mr.Flores holds degrees from CornellUniversity (LL.M.) and University of ChileLaw School (LL.B.).

Karl Hennessee, FRAes, is SVP Litigation,Investigations & Regulatory Affairs atAirbus, where he leads the Group’s globalactivities in these areas. Until July, 2019, healso served as Chairman of the GoverningBody of the ICC Court of InternationalArbitration and is now a member of theHKIAC Council along with its ProceedingsCommittee. He lectures at Paris Assas,Sciences Po, Toulouse Capitole Universityand Versailles. Educated at the Universityof Göttingen, Germany, the London Schoolof Economics and SMU Law School (wherehe was Managing Editor of the Journal ofAir Law and Commerce), he holds degreesin history, economics/econometrics, andlaw.

Speakers

Gonzalo Flores

Karl Hennessee

Gaela Gehring Flores, Partner at the Washington D.C. office ofArnold & Porter. Gaela concentrates her practice on internationalarbitration and litigation matters. She represents bothmultinational corporations and sovereign states in internationalcommercial and investment arbitrations before ICSID, the ICC, theICDR/AAA, and in litigation and appellate proceedings before USfederal courts.

Moderator

Gaela Gehring Flores

WAW Founders and Executive

Committee

José Antonio Rivas

Xtrategy LLPCo-Chair of WAW

Ian A. Laird

Crowell & Moring LLPCo-Chair of WAW