Panel 1: Legitimacy Issues Arising in
Arbitrations With Sovereigns
Carolyn B. Lamm
White & Case LLP
Carolyn Lamm is a partner in the international arbitration group at White & Case, LLP in Washington, D.C., her practice being concentrated on international dispute resolution through international arbitration, litigation and international trade matters. She has substantial experience with the International Centre for Settlement of Investment Disputes (ICSID) and its Additional Facility, North American Free Trade Agreement (NAFTA) and other commercial arbitral fora including American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR), International Chamber of Commerce (ICC), Vienna Centre, Stockholm Chamber, Swiss Chamber and in federal court litigation. She is involved primarily in the representation of foreign corporate clients and foreign sovereigns.
Lamm has been recognized repeatedly for her professional expertise in international dispute resolution and leadership in the profession, being named one of the 30 Top Lawyers and 100 Most Powerful Women in Washington by The Washingtonian, and one of the 50 Most Influential Women in America by The National Law Journal. She has published extensively as author and co-author in the field of international arbitration and is a frequent speaker on programs concerning international arbitration.
Lamm received her J.D. from the University of Miami School of Law in 1973 and her B.S., Exceptional Education and English minor, from the State University of New York College at Buffalo in 1970. Ms. Lamm is admitted to practice to the New York State Bar, the District of Columbia Bar, the Florida State Bar, U.S. Supreme Court, U.S. Claims Court, U.S. Court of International Trade, U.S. District Court for the Southern and Middle Districts of Florida, U.S. District Court for the Southern District of New York, U.S. District Court for the District of Columbia, U.S. Court of Appeals for the 2nd, 4th, 5th, 9th, 10th, 11th, District of Columbia and Federal Circuits, and the U.S. Court of Appeals for the Armed Forces.
Freshfields Bruckhaus Deringer LLP
Nigel Blackaby is a partner in the international arbitration group at Freshfields Bruckhaus Deringer LLP, acting as head of the U.S. and Latin America international arbitration groups in New York and Washington, D.C. He has acted as counsel and arbitrator in more than 90 ad hoc and institutional arbitrations, both commercial and investor-state under bilateral investment treaties, with a focus on Latin America. Blackaby has represented states and foreign investors in arbitrations under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), the the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), American Arbitration Association (AAA) and the United Nations Commission on International Trade Law (UNCITRAL), both in English and Spanish. He is president of the International Bar Association's subcommittee on investment arbitration, an editor of Arbitration International and a member of the executive of the LCIA Latin America Users’ Committee.
He is co-author of Redfern and Hunter on International Arbitration (5th edn, Oxford, 2009), Guide to ICSID Arbitration (2nd edn, Kluwer, 2010), and International Arbitration in Latin America (Kluwer, 2003).
He is an adjunct professor of law at the American University in Washington, D.C. Mr. Blackaby speaks English, French, Spanish and Portuguese and has law degrees from the University of Exeter (UK) and the Université d’Aix-Marseille III (France).
Professor Andrea K. Bjorklund
Professor of Law
University of California, Davis
Andrea K. Bjorklund is Visiting Professor (Guest of the L. Yves Fortier Chair in International Arbitration and International Commercial Law) at McGill University Faculty of Law. She is also a Professor of Law at the University of California, Davis, where she has taught courses in international arbitration and litigation, international trade, international investment, public international law, international business transactions, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law and is an adviser to the American Law Institute’s project on restating the U.S. law of international commercial arbitration. She also serves as Director of Studies for the American Branch of the International Law Association. Prior to entering the academy, Professor Bjorklund worked on the North American Free Trade Agreement (NAFTA) arbitration team in the U.S. Department of State's Office of the Legal Adviser, and also worked for Commissioner Thelma J. Askey on the U.S. International Trade Commission and in private practice at Miller & Chevalier in Washington, D.C.
She has written extensively on investor-state arbitration issues, and has published chapters in many books, as well as pieces in several journals, including the American Journal of International Law, the Hastings Law Journal, the American Review of International Arbitration, and the Virginia Journal of International Law. She is also co-author of “Investment Disputes Under NAFTA: An Annotated Guide to NAFTA Chapter 11”.
Bjorklund received her B.A. in History and French from the University of Nebraska, Lincoln, her M.A. in French Studies from New York University, and her J.D. from Yale Law School in 1994. She is admitted to practice at the District of Columbia and Maryland bars.
3 Verulam Buildings, Gray's Inn, London
Sophie Nappert is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. Her areas of expertise include: energy and natural resources, infrastructure, hotel and leisure, pharmaceuticals, telecoms, joint ventures, concession agreements, emerging economies and notably Russia, Kazakhstan and the Caspian region, the Energy Charter Treaty, investment treaty disputes, investment law and EU law, and disputes against State parties.
Nappert is a regular speaker at conferences and seminars on issues of arbitration and international law. She is also a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law.
She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration. She is described in the legal directories as ‘a first-rate lawyer and one of the top new-generation arbitrators'. She was peer-nominated as Moderator of OGEMID, the online discussion forum on current issues of international investment law and arbitration.
Nappert received her LL.B. and B.C.L. from McGill University, a Diploma in Public International Law from the Institute of International and Comparative Law (Magdalen College, Oxford), and an LL.M. from King’s College London.