The speakers will discuss the different approaches to liability and defense based on the competing elements and constructions that attach to some of the more central protection standards in investor-state arbitration, most notably FET, IMS, and expropriation. All of these will be discussed within the firmament of a fragmented and decentralized framework that would be conducive to discussing common but, in the opinion of the speakers, underdeveloped features such as the much vaunted notions of transparency and predictive value.
About the speakers:
Pedro J. Martinez Fraga (Partner, Bryan Cave LLP) is a leading practitioner in the field of international litigation and transnational arbitration, including complex jurisdictional disputes concerning common law and civil law issues. Mr. Martinez-Fraga is a World Bank (International Bank for Reconstruction and Development) arbitrator. On December 16, 2015, President Barack Obama appointed Mr. Martinez-Fraga as one of four U.S. delegate members to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (World Bank), effective February 23, 2016. He is the first Hispanic to have been so appointed in the history of the Washington Convention of 1965.
Ryan Reetz (Partner, Bryan Cave LLP) is the Miami office managing partner of Bryan Cave LLP, where he represents clients as trial counsel in international and domestic commercial and regulatory disputes. In addition to acting as counsel, he serves as an arbitrator and expert witness in various matters. Mr. Reetz frequently writes and lectures on arbitration and litigation topics. He teaches transnational civil litigation and arbitration as an adjunct professor at Emory University School of Law, and taught the same subject at the University of Miami School of Law from 2003 to 2010. He also serves as a visiting professor at the University of Navarra School of Law in Pamplona, Spain, and was a 2015 Scholar-in-Residence at New York University School of Law. Mr. Reetz is also an instructor for the Florida Regional Program of the National Institute for Trial Advocacy and has lectured at the Swiss Arbitration Academy and at a number of law schools, including Doshisha University, Marmara University, Istanbul Bilgi University and Istanbul Kültür University. He is the co-author (with Pedro J. Martinez-Fraga) of Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era, published by Cambridge University Press. Mr. Reetz currently serves as the chair-elect of the Miami International Arbitration Society. From 2013-2014, he served as the chair of the International Law Section of the Florida Bar. He is active in numerous other professional organizations, including the American Law Institute, where he serves on member consultative groups for the Restatement of the Law, The U.S. Law of International Commercial Arbitration and the Restatement (Fourth), The Foreign Relations Law of the United States.