This seminar will examine how an investor-state dispute comes about, from the drafting of an investment treaty, through to how companies view these treaties in making investment decisions and what happens when things go wrong and finally the process to obtain the award and enforcing it.

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Date:

Thursday, 2nd December 2021 at 5.00pm AWST

Location:

Norton Rose Fulbright Perth, Level 30, 108 St Georges Terrace Perth 6000 WA

Chair:

Nathan Landis, CIArb Councillor; Barrister, Francis Burt Chambers

Nathan Landis is a barrister in Perth specialising in Project Disputes.  Until recently, Nathan was a senior investment manager at Omni Bridgeway and in that role, assessed over 50 investor-state disputes under various bilateral investment treaties and multilateral investment treaties against a range of countries in Africa, the Americas, the Middle East and Asia.  Prior to returning the Bar, Nathan was managing a number of investor-state claims that were funded by Omni Bridgeway.

 

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Speakers:

Jo Feldman, Special Counsel, Norton Rose Fulbright

Jo Feldman is a Special Counsel at Norton Rose Fulbright with over 17 years’ experience working with government and the private sector.  She was a senior member of the legal team defending Australia’s first investor-State arbitration claim, Philip Morris Asia Ltd v Australia; and worked on investor-State arbitration cases while on a Barristers Exchange at Grey’s Inn, London.

Jo has been a negotiator or advisor on most of Australia’s Free Trade Agreement negotiations, including the Trans-Pacific Partnership Agreement, and FTAs with China, the EU, Japan, Korea, Malaysia, Singapore, and the UK; and has advised on its Investment Promotion and Protection Agreements. Among her roles in government, Jo was Director of the Investment Law Section at the Department of Foreign Affairs and Trade, and Director of the Brexit Taskforce and Europe Trade Branch providing advice to government and business on the implications of Brexit for Australia and the UK.

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Bronwyn Barnes, Executive Chairman, Indiana Resources Limited

Bronwyn has had an extensive career in the resources sector, having worked with companies ranging from Western Mining Corporation and BHP to emerging juniors in directorship, executive leadership, and operational roles in Australia and internationally.  Bronwyn is currently Non-Executive Chair of Indiana Resources, (ASX: IDA), Non-Executive Director of Synergy (Electricity Generation and Retail Corporation), a Non-Executive Director of Scorpion Minerals Pty Ltd (ASX: SCN), a Non-Executive Chair of Aerison Holdings Pty Ltd and an Independent Director of Perth Racing.

Bronwyn is also a member of the Minerals and Energy Advisory Council (MEAC) and a Member of the Board of Management of the Foundation for St Mary’s Anglican Girls School.

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Sam Luttrell, Partner, Clifford Chance

Sam Luttrell is a Partner in the International Arbitration Group at Clifford Chance, based in Perth. He specialises in investor-State dispute settlement, with a focus on the natural resources sector. He is currently representing investors in claims against a range of countries, including the Republic of Congo, Cameroon, Kenya and Thailand.

 

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