FTI Consulting’s Post

Partner Borzu Sabahi and associate Sara Lucía Dangón-Novoa are speaking on panels during the 6th edition of Washington Arbitration Week 2025, which is taking place October 6 – 10. On October 6, Washington, D.C. partner Borzu Sabahi spoke on a panel entitled “Sunk Cost Analysis as a Basis for Quantum Awards in International Arbitration." Other panelists were prominent valuation experts from various consulting firms, including Daniel Flores (Quadrant Economics), Sirshar Qureshi (PWC), Garrett Rush (Secretariat), and Sencer Ecer (Compass Lexicon). New York associate Sara Lucía Dangón-Novoa spoke on the panel "Exceptions in Investment Chapters of Free Trade Agreements" which took place October 9. This panel explored how effective general exception clauses, commonly used in free trade agreements, are within the investment treaty context.

Arbitration in a World Retreating from the Global - session today at Clifford Chance in collaboration with the University of Sydney. Professor Chester Brown SC, Professor Luke Nottage, Association Professor Nobumichi Teramura, Dr Callista Harris, Inma Conde and Daniel Forster. interesting to know there are work to be done or some hurdles to overcome to consumer protection in relation to Arbitration and ACL. Other topics included The Sulu Arbitration - "Protectionist Measures and the Potential for Claims under Investment Treaties" Public Policy and arbitrability. Discussed Richardson v Mellish " a very unruly horse.. once you get astride it, you never know where it will carry you"

Freshfields' Senior Associate Rodrigo Millán will be moderating a panel titled "Will investment arbitration, as we know it, cease to exist?" at the Open de Arbitraje Lima 2025 on October 22, 2025. Inspired by Mario Vargas Llosa's The War of the End of the World, this panel will explore whether investment arbitration is facing its own “apocalypse” today. As in the novel, where different worldviews clash in a conflict that brings the end of an order, the current system of investor-state dispute settlement is under threat: challenged by regulatory reforms, new proposals for multilateral justice, and growing skepticism about its legitimacy. The debate will seek to answer whether we are witnessing the “final war” of investment arbitration or, rather, a transformation that will give rise to a renewed order. Other speakers include: - Manuel Antonio Díaz-Galeas, Attorney General of Honduras - Alvaro Galindo, International Arbitrator and Professor of Law, Georgetown University, USA - Johanna Klein Kranenberg, Coordinator, International Dispute Resolution Unit, Chile - Estefanía San Juan, Partner, White & Case, USA For more information and to register, visit https://lnkd.in/edkbgeSk #internationalarbitration #investmentarbitration #disputeresolution

Quinn Emanuel partner Julianne Jaquith and associate Júlia Teixeira Rodrigues will be speaking at a structured debate and discussion on Brazil’s approach to investment disputes on October 22nd at the Machado Meyer Avogados in São Paulo, Brazil. The panel, titled “Has Brazil Cracked the Investment Dispute Code?,” will cover differences between Brazil’s innovative model combining commercial arbitration with public administration and Cooperation and Facilitation Investment Agreements (CFIAs), and the traditional model of Bilateral Investment Treaties (BITs) with investor-state arbitration. The panel will explore the practical implications, benefits, and challenges of each approach for investors, states, and the development of international investment law. In partnership with Brazil’s Machado Meyer Advogados and Young ITA, Julianne and Julia will share their expertise alongside industry experts Julia Schulz Rotenberg of Xavier Gagliardi Inglez Schaffer, Luísa Quintão of Justen, Pereira, Oliveira & Talamini, Eugénie Caroit of Costa Rodrigues, Andrés Mazuera of Tobar & Romero Legal, Iuri Reis of Machado Meyer, and Claudio D. Salas of WilmerHale to explore the ever-changing and increasingly complex investment dispute environment. Learn more about Julianne’s practice: https://lnkd.in/gk_HbhG6 Learn more about Julia’s practice: https://lnkd.in/gHNcBUSp Learn more about the event: https://lnkd.in/eZjDFx2A #QuinnEmanuel #NoFirmLikeOurs #InvestmentDisputes

Navigating the Post-Achmea Landscape in Intra-EU Investment Arbitration   The post-Achmea era continues to challenge and reshape the landscape of investment arbitration within the EU. Treaty terminations, jurisdictional debates, and evolving procedural strategies are just a few of the developments keeping practitioners and experts on their toes.   A recent contribution in the European Arbitration Review 2026 by Patricia Nacimiento, Eduardo Soler Tappa, Angela Portocarrero de las Heras, Andrés E. Alvarado-Garzón, and Ramón Pérez Jaulent offers a thoughtful reflection on these shifting orientations and raises important questions about what lies ahead.   For those following the debate, it's worth exploring how legal frameworks, arbitration practice, and domestic courts are adapting in response to Achmea and its ripple effects.   Read the full article here: https://lnkd.in/euBWbgNJ  

Managing Director Owain Stone authored the chapter "Best Practices for Presenting Quantum Evidence" featured in Global Arbitration Review's Guide to Evidence in International Arbitration - Third Edition. In the chapter, Owain explores best practices around the evolution of expert evidence presentation, traditional cross-examination versus cooperative approaches, Australian innovation and global adoption, crafting effect expert instructions, preparing compelling expert reports and presenting evidence in hearings, developments in technology, and emerging trends in international arbitration. Read the full article here: https://okt.to/XUzmVZ #AMon #GAR #InternationalArbitration #ExpertEvidence

Join us for the 3rd Seminar Series on Governance, Institutions, and Sustainability Title: "Transactions and Legal Institutionalism – Contracts, Money, Applications" by Geoffrey Hodgson 📆 28 October 2025 ⌚ 13:00 to 14:00 💻 Online Book Now: https://lnkd.in/ec5JhaSp Abstract: Both parts of this article have been published in the Journal of Instititional Economics. Part I reviews major differences in definitions of the transaction concept by leading authors and some of the difficulties involved in its usage. This talk will concentrate on Part II, which takes steps toward a new approach, starting with the legal notion of a contract. This identifies a narrower and more specific type of transaction, empowered by both legal forces and non-legal or cultural norms or rules. The sharper and more specific concept of contracting cost is derived. Contracting costs are the costs of obtaining, formulating, negotiating, and administering legal contracts. They do not include the costs of the work and other inputs required to fulfil a specific contractual agreement. Legal contracts are historically specific phenomena, applying only to modern societies with developed legal institutions. As well as legal sanctions, the law engenders additional forms of motivation based on what is perceived to be legitimate legal authority. Organised by Luca Andriani Birkbeck, University of London

A real pleasure to be interviewed by Caroline Simson at Law360 this week about Thorndon Partners new report. Our first-hand research investigated the theory that investment treaty arbitration is confidential. What we found was the opposite: the equivalent of four news articles every day were published about investor-state disputes in a 12-month period. Links to the full report, and Caroline's article, are in the comments. 💬

I recommend the Thorndon Partners report on #isds, part of their ‘Beyond Dispute’ series, entitled ‘Navigating public scrutiny in investment treaty arbitration.’ This report offers original analysis of public reporting on investment treaty disputes between investors and states. The report includes valuable insights on topics such as: - Confidentiality and its conflict with the demand for transparency - Popular seats and - Enforcement of investment treaty awards ** Download the full report here: https://lnkd.in/es58xqDJ ** School of International Arbitration (QMUL) QMUL - The London LLM QMUL School of Law Clyde & Co #investmentarbitration #isds #lidw

On 16 September 2025, the Hague Court of Appeal rejected a challenge to an investment treaty arbitration award in which the tribunal declined jurisdiction over the dispute due to the absence of a valid arbitration agreement. The decision reaffirms that in the Netherlands, unlike certain other jurisdictions (including France, Canada, Sweden, Singapore, Switzerland, England and the United States), awards in which a tribunal declines jurisdiction for lack of a valid arbitration agreement cannot be challenged in set-aside proceedings.   For Practical Law Global, Lara de Jager and I wrote a summary of the case: https://lnkd.in/e_esZcdW