Mark Feldman

Interim Dean and

Professor of Law

Peking University STL

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International Arbitration Experience

Member, Panel of International Investment Arbitrators, China International Economic and Trade Arbitration Commission (CIETAC)

Member, Panel of Arbitrators, China International Economic and Trade Arbitration Commission (CIETAC), Shanghai International Arbitration Center (SIAC), Shenzhen Court of International Arbitration (SCIA)

Faculty Member, Singapore International Arbitration Academy (National University of Singapore Centre for International Law) (2013-current)

Faculty Member, Columbia Center on Sustainable Investment (Columbia Law School) Executive Training on Investment Treaties and Arbitration for Government Officials (2017-current)

Chief, NAFTA/CAFTA-DR Arbitration, Office of the Legal Adviser, U.S. Department of State (2008-2011)

  • Led the team that represents the United States in investment arbitration.

  • Worked on, among other disputes, Grand River Enterprises v. United States ($660 million claim dismissed), Glamis Gold v. United States ($50 million claim dismissed), and Apotex v. United States ($8 million claim dismissed).

  • Provided legal counsel supporting the negotiation of U.S. bilateral investment treaties and investment chapters of free trade agreements (including TPP and U.S.-China BIT negotiations).

  • Provided legal counsel supporting the development of the 2010 UNCITRAL Arbitration Rules, the 2012 U.S. Model BIT, and the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration.

Member, T20 Saudi Arabia Task Force on Trade, Investment and Growth (2020) (served on team, led by Loukas Mistelis, that developed policy brief on reform of investor-state dispute settlement and promotion of trade and investment cooperation) (policy brief)

Member, Academic Forum on ISDS, Geneva Centre for International Dispute Settlement (chaired working group examining correctness of ISDS decision-making) (working group members Manjiao Chi, Eric De Brabandere, Anna De Luca, Jaemin Lee, Martins Paparinskis, Catharine Titi) (2018-current)

Member, Editorial Committee, Yearbook on International Investment Law & Policy (Oxford University Press) (2014-current)

Member, Editorial Board, European Investment Law and Arbitration Review (Brill) (2016-current)

Member, E15 Initiative Task Force on Investment Policy, World Economic Forum/ICTSD (2015-2016)

Invited contributor to ICSID 50th Anniversary publication, Building International Investment Law: The First 50 Years of ICSID (M. Kinnear et al., eds. 2015) (Kluwer)

Co-Chair, 26th Annual Institute for Transnational Arbitration (ITA) Workshop (2013-2014) (collaborated with Co-Chairs M. Kantor, J. Loftis, and C. Partasides)

ITA Academic Council (Member, 2022-2025; 2012-2021; Vice Chair, 2018-2021)

ITA Executive Committee (Member, 2018-2021; 2013-2014)

Co-Editor (with Professor Wenhua Shan), Transnational Dispute Management Journal Special Issue, The Pacific Rim and International Economic Law (2014-2015) 

Asia Experience

Professor of Law, Peking University STL (Associate Professor 2014-2017; Assistant Professor 2011-2014) (Shenzhen, China) (2017-current)

  • Taught more than 1000 law students since 2011

  • Courses taught: Contracts, International Business Transactions, Treaty Arbitration

  • Member, Peking University Shenzhen Graduate School Academic Committee (2016-current)

  • JD Faculty Representative, PKU STL 10th Anniversary Alumni Weekend (2019)

  • Chair, Faculty Appointments Committee (2017-2019)

  • Co-Chair, PKU STL/Kyoto University Joint Student Seminar in International Law (2015)

  • Commencement Speaker, Peking University School of Transnational Law (2016)

  • Commencement Speaker, Peking University Shenzhen Graduate School (2015)

  • PKU STL Representative, High Level Foreign Expert Project (Shenzhen Foreign Expert Bureau) (2016)

  • Recipient, “Outstanding Faculty” Award (2015-2016)

  • Recipient, “Excellence in Teaching” Award (2011-2012)   

Faculty Member, Singapore International Arbitration Academy, National University of Singapore Centre for International Law (Singapore) (2013-current)

Global Associate, National University of Singapore Centre for International Law (2013-current)

Co-Director, Pearl River Delta Academy of International Trade and Investment Law (Macau) (2014-current) 

  • Serve as co-director of international law academy held annually in Macau. Participating faculty members based at the following institutions: Aix-Marseille University, Chinese University of Hong Kong, European University Institute, Hong Kong University, Korea University, Kyoto University, University of Macau, National University of Singapore, Peking University, Singapore Management University, World Trade Institute, and Xiamen University.

Speaking engagements in Beijing, Xi’an, Nanjing, Shenzhen, Hong Kong, Macau, Taipei, Singapore, Kuala Lumpur, Cebu, Manila, Tokyo, Kyoto and Seoul

Publications

Peer-reviewed articles

  • Responding to Incorrect Decision-Making in Investor-State Dispute Settlement: Policy Options, 21 J. World Investment & Trade 374 (2020) (co-authored with Anna De Luca, Martins Paparinskis and Catharine Titi) (invited) (Brill) (PluriCourts)

  • International Investment Obligations and Industrial Policy: Evolution in Treaty Practice, RTA Exchange (International Centre for Trade and Sustainable Development/Inter-American Development Bank) (2018) (invited) (RTA Exchange) (SSRN)

  • Multinational Enterprises and Investment Treaties, Yearbook on International Investment Law & Policy 2015-2016 (L. Sachs and L. Johnson, eds.) (2018) (Oxford University Press) (Oxford) (SSRN)

  • Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, 32 ICSID Review 528 (2017) (Oxford University Press) (invited) (Oxford) (SSRN)

  • China’s Outbound Foreign Direct Investment: The U.S. Experience, 13 Int’l J. Pub. Pol. 304 (2017), Special Issue on The Regulatory Response to China’s State-Owned Enterprise Investment Abroad (P. Drysdale, ed.) (invited) (Inderscience) (SSRN)

  • State-owned Enterprises as Claimants in International Investment Arbitration, 31 ICSID Review 24 (2016) (Oxford University Press) (invited) (Oxford) (SSRN)

  • The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law: Towards a Free Trade Area of the Asia-Pacific (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle), E15 Initiative (Geneva, International Centre for Trade and Sustainable Development and World Economic Forum) (2016) (invited) (E15 Initiative) (Springer) (SSRN)

  • Setting Limits on Corporate Nationality Planning in Investment Treaty Arbitration, 27 ICSID Review 281 (2012) (Oxford University Press) (invited) (Oxford)

  • The Standing of State-owned Entities under Investment Treaties, Yearbook on International Investment Law & Policy 2010/2011 (K. Sauvant, ed., 2012) (Oxford University Press) (invited) (Oxford)

Articles

  • The AIIB as a Site of Governance, Advancing the Method and Practice of Transnational Law - Liber Amicorum in Honour of Francis Snyder (J. Chaisse and O. Stefan, eds.) (Hart) (forthcoming 2023) (invited) (SSRN)

  • International Arbitration and Transparency, Cambridge Compendium of International Commercial and Investment Arbitration (A. Bjorklund, F. Ferrari, S. Kröll, eds.) (2023) (Cambridge) (SSRN)

  • Connectivity and Decoupling: Belt and Road Dispute Resolution in a Fractured Trade Environment, Indian Review of International Arbitration Vol. 1 Issue 1 (2021) (final) (SSRN)

  • “One-stop” Commercial Dispute Resolution Services: Implications for International Investment Law, Handbook of International Investment Law and Policy (J. Chaisse, L. Choukroune, S. Jusoh, eds.) (2021) (Springer) (SSRN)

  • Investment Arbitration under Mega-regional Free Trade Agreements, Paradigm Shift in the Rule Making of International Economic Law (J. Chaisse, H. Gao, C. Lo, eds.) (2017) (Springer) (SSRN)

  • Denial of Benefits after Plama v. Bulgaria, Building International Investment Law: The First 50 Years of ICSID (M. Kinnear et al., eds. 2015) (Kluwer Law International) (invited) (Kluwer)

  • Distinguishing Investors from Exporters under Investment Treaties, Reshaping The Investor-State Dispute Settlement System (J. Kalicki and A. Joubin-Bret, eds., 2015) (invited) (BRILL) (SSRN)

  • Joint Interpretations under a Divided TPP Investment Chapter, China and International Investment Law (W. Shan and J. Su, eds., 2014) (BRILL) (invited) (BRILL) (SSRN)

  • The United States as an International Litigant, Litigating International Law Disputes (N. Klein, ed., 2014) (Cambridge University Press) (invited) (Cambridge) (SSRN)

  • NAFTA Chapter 11 at Fifteen: A Few Key Questions Resolved, Fifteen years of NAFTA Chapter 11 Arbitration (E. Gaillard and F. Bachand, eds., 2011) (Juris) (invited) (Juris)

Essays

  • An Opportunity to Reimagine Investment Arbitration in Beijing, Columbia FDI Perspectives, No. 353 (March 20, 2023) (peer-reviewed) (invited) (Columbia)

  • Comments on China’s Draft Revised Arbitration Law (2022) (submitted in response to Letter of Consultation issued by the Office of the Committee on Social and Legal Affairs of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC)) (SSRN)

  • Shenzhen and the Future of International Arbitration, My Story with SCIA, Shenzhen Court of International Arbitration (Peking University Press) (2020) (invited) (SSRN)

  • Dispute Resolution Decoupling, University of Nottingham Commercial Law Centre (2020) (invited) (U. of Nottingham)

  • Responding to Incorrect ISDS Decision-making: Policy Options, EJIL: Talk! (April 5, 2019) (invited) (EJIL)

  • China’s Belt and Road Investment Governance: Building a Hybrid Model, Columbia FDI Perspectives, No. 244 (January 28, 2019) (invited) (peer-reviewed) (CCSI)

  • Industrial Policy Measures and Sustainability in International Investment Agreements, RTA Exchange (International Centre for Trade and Sustainable Development/Inter-American Development Bank) (September 21, 2018) (invited) (RTA Exchange) (SSRN)

  • Belt and Road Dispute Settlement and Transnational Governance, Asia Dialogue (July 30, 2018) (invited) (U. of Nottingham Asia Research Institute)

  • Mega-regional Investment Arbitration, Kluwer Arbitration Blog (December 2016) (invited) (Kluwer)

  • The Pacific Rim as a Platform for International Investment Law Harmonization, Columbia FDI Perspectives, No. 178 (July 18, 2016) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited) (peer-reviewed) (CCSI)

  • La Cuenca del Pacifico y la Armonización del Derecho Internacional Sobre Inversiones, Puentes Vol. 17 No. 4 (July 7, 2016) (International Centre for Trade and Sustainable Development) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited) (ICTSD)

  • How Can We Harmonise International Investment Law?, World Economic Forum (August 2015) (invited) (World Economic Forum)

  • The Emerging Harmonization of the International Investment Law Regime, Kluwer Arbitration Blog (July 2015) (invited) (Kluwer)

  • Joint Interpretations, a TPP Investment Chapter, and Australia, Kluwer Arbitration Blog (August 2013) (invited) (Kluwer)

  • The Standing of State-Controlled Entities under the ICSID Convention: Two Key Considerations, Columbia FDI Perspectives No. 65 (April 16, 2012) (K. Sauvant and J. Reimer, eds.) (invited) (peer-reviewed) (CCSI) (SSRN)

Book reviews

  • Shen Wei, Decoding Chinese Bilateral Investment Treaties, Heidelberg J. Int’l L. Vol. 82 (2022) (SSRN) (final)

  • Gregory Shaffer, Emerging Powers and the World Trading System: The Past and Future of International Economic Law, Asia Pacific L.R. Vol. 30 No. 2 (2022) (final) (SSRN)

  • Karl Sauvant and Federico Ortino, Improving the International Law and Policy Regime: Options for the Future, 2 Peking U. Transn’l L. R. 519 (2014) (HeinOnline)

  • The Effect of Treaties on Foreign Direct Investment (K. Sauvant and L. Sachs, eds.), 24 ICSID Review 296 (2009) (Oxford)

Remarks

  • “Be Curious”, Peking University School of Transnational Law, (December 2023) (interview)

  • PKU STL 15th Anniversary “Birthday” Event Opening Remarks, Peking University School of Transnational Law, Shenzhen, China (October 2023) (SSRN)

  • “A Pacific Rim Consensus on International Investment Law”, International Public Lecture, Transnational Business Law Department, Faculty of Law, Universitas Padjadjaran (June 2021) (SSRN) (two-hour virtual seminar attended by more than 200 participants)

  • “The US-China Relationship in the 20s”, ADR in Asia Conference: Redesigning International Arbitration, US-China Relations: Challenges and Opportunities, Hong Kong International Arbitration Centre (October 2020) (SSRN)

  • “Repeat Appointments: Impartiality, Independence and Diversity”, Focus on the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, Institute for Transnational Arbitration (September 2020) (SSRN)

  • “Connectivity in a Decoupling World”, Chinese Academy of Social Sciences Forum (October 2019) (Beijing, China) (SSRN)

  • “Mega-regional Investment Arbitration: A Pacific Rim Consensus”, Multilateral Reform of Investor-State Dispute Resolution: A Dialogue Among Different Approaches (September 2019), Xi’an Jiaotong University (Xi’an, China) (SSRN)

  • “A Belt and Road Dispute Settlement Regime”, U.S. Department of State, Washington DC (June 2019) (SSRN)

  • “Situating the China International Commercial Court”, Hong Kong University School of Professional and Continuing Education, “One Belt, One Road, Many Laws” Experts Talk Series (May 2019) (Hong Kong) (SSRN)

  • The New York Convention and International Dispute Resolution”, 2018 China Arbitration Summit (September 2018) (Beijing, China) (Supreme People’s Court of China, UNCITRAL, CCPIT, CIETAC) (SSRN)

  • “International Investment Obligations and Industrial Policy”, Evolution of Investment Policymaking in RTAs and IIAs (June 2018) (Geneva, Switzerland) (Inter-American Development Bank/International Centre for Trade and Sustainable Development) (SSRN)

  • Peking University STL Commencement (July 2016) (remarks)

  • “Key Policy Options for a 21st Century International Investment Regime: Opportunities for G20 Collaboration”, ICTSD/IWEP Trade and Investment Workshop (April 2016) (Nanjing, China) (held concurrently with G20 Meeting) (SSRN)

Works in progress

  • Investment Arbitration Reform and the Pacific Rim Consensus (SSRN)

Peer Review/External Review

The Chinese Journal of Comparative Law, Asian Journal of International Law, Columbia FDI Perspectives, European Law Journal, Asia Pacific Law Review, Yearbook on International Investment Law & Policy, Journal of World Energy Law & Business, Journal of World Investment & Trade, European Investment Law and Arbitration Review, The Pacific Review, Leiden Journal of International Law, Melbourne Journal of International Law, Structural Change and Economic Dynamics, Review of European, Comparative & International Environmental Law, Washington International Law Journal, Asian Journal of WTO & International Health Law and Policy, Economic Change and Restructuring, Hong Kong Law Journal, Oxford University Press, Cambridge University Press, Edward Elgar Publishing, Hart Publishing, Springer Publishing, Hong Kong Research Grants Council, OECD Secretariat, International Centre for Trade and Sustainable Development, Inter-American Development Bank, The Chinese University of Hong Kong Faculty of Law, McGill University Faculty of Law, Stockholm University Faculty of Law, Journal of International Economic Law

Speaking Engagements

2024

Opening Remarks, Peking University School of Transnational Law Open House, Shenzhen, China (March 2024)

Mediation in Asia, China and Shenzhen, Shenzhen Court of International Arbitration and Peking University School of Transnational Law, The Role of Mediation in the United Nations Sustainable Development Agenda, Shenzhen, China (March 2024) (organized by the Dialogue through Conflict Foundation) (remarks)

China, The United States, and Asia-Pacific Economic Integration (presentations at Guangdong University of Foreign Studies and the Guangzhou Arbitration Commission, organized by the Inter-Pacific Bar Association), Guangzhou, China (March 2024)

The Search for a New “Washington Consensus” on Trade (Presentation by Jennifer Thornton, Vice President, Business Roundtable) (moderator), Peking University School of Transnational Law, Shenzhen, China (March 2024)

Mediation: Rulemaking and Practice, SCIA & SCIAHK Dual Qualification Advanced Training Program in International Commercial Mediation, Shenzhen, China (March 2024) (remarks)

Assembling and Activating International Talent, Shenzhen Court of International Arbitration Spring Reception, Shenzhen, China (March 2024) (remarks)

STL Prof. Feldman’s Global Vision for Shenzhen Legal Development (interview with Shenzhen Daily) (February 2024) (article)

Peking University STL at 15 Years (presentations at several U.S. law schools) (January/February 2024)

2023

Be Curious (interview with Peking University School of Transnational Law) (December 2023) (interview)

ASEAN Centrality and Economic Integration in the Asia-Pacific, Pearl River Delta Academy of International Trade and Investment Law (PRAIA) (November 2023) (presentation)

Investment Arbitration Reform and the Pacific Rim Consensus, CIIAF Annual Conference 2023, CIETAC-ICSID-CIIAF, Shanghai, China (October 2023) (SSRN)

PKU STL 15th Anniversary “Birthday” Event Opening Remarks, Peking University School of Transnational Law, Shenzhen, China (October 2023) (remarks)

An Opportunity to Develop a Beijing-Based International Investment Dispute Resolution Hub, 2023 CIBEL-SIDRA Joint Webinar, Dispute Resolution in the Belt & Road Initiative – A New Model of Economic Governance? (May 2023) (presentation)

STL at 15 Years: A Milestone and Next Steps, Peking University School of Transnational Law 2024 Guangzhou Roadshow, Guangzhou, China (May 2023)

Standard of Investment Protection: Most Favored Nation and National Treatment, Transnational Business Law Department, Faculty of Law, Universitas Padjadjaran (May 2023) (two-hour virtual seminar)

STL at 15 Years: A Milestone and Next Steps, Peking University School of Transnational Law 2024 Beijing Roadshow, Beijing, China (May 2023)

US Common Law Approaches to Contract Disputes, Peking University School of Transnational Law (guest lecture invited by Professor Wu Yifeng), Shenzhen, China (April 2023)

First-Year JD Contracts Class Demonstration, Peking University School of Transnational Law Admissions Open House, Shenzhen, China (April 2023)

Reforming Arbitration Reform: Emerging Voices, New Strategies, Evolving Values, 20th ITA-ASIL Conference, Washington, DC (March 2023) (co-chaired with Dr. Crina Baltag)

2022

Singapore International Arbitration Academy, National University of Singapore Centre for International Law (multiple sessions) (November 2022)

An Indo-Pacific Economic Framework and the Asia-Pacific Mega-Regionals, Pearl River Delta Academy of International Trade and Investment Law (PRAIA) (November 2022) (presentation)

FDI Moot Shenzhen, Shenzhen Court of International Arbitration (July 2022) (served as presiding arbitrator for qualifying round)

Preserving Investment Treaty Reciprocity, International Public Lecture, Transnational Business Law Department, Faculty of Law, Universitas Padjadjaran (2.5 hour virtual seminar) (May 2022) (presentation)

Investment Treaty Substantive Obligations: The Current Landscape, International Public Lecture, Transnational Business Law Department, Faculty of Law, Universitas Padjadjaran (2.5 hour virtual seminar) (May 2022)

Demonstration Virtual JD Contracts Class, Peking University School of Transnational Law (May 2022)

2021

Challenging Trade Remedy Measures Before an Investor-State Dispute Settlement System, Peking University School of Transnational Law (November 2021) (presentation by Dr. Sungjin Kang) (served as co-moderator with Professor Asif Qureshi)

Mega-Regional Pathways to Asia-Pacific Economic Integration, Pearl River Delta Academy of International Trade and Investment Law (PRAIA) (November 2021)

State-Owned Enterprises as Claimants in International Investment Arbitration, FDI Pre-Moot E-Conference (St. Petersburg University and Russian Arbitration Association) (October 2021)

A Free Trade Area of the Asia-Pacific for the Asian Century, Peking University School of Transnational Law Faculty Workshop (October 2021)

FDI Moot Shenzhen, Shenzhen Court of International Arbitration (August 2021) (served as presiding arbitrator for qualifying and elimination rounds)

Application of Treaties in Domestic Court: Monist and Dualist Considerations, FDI Moot Shenzhen 2021, Conference on Domestic Application of Treaties (July 2021)

Critical Evaluation of the One-Stop Dispute Resolution Services in Asia, Expert Views on ADR, Chinwe Stella Umegbolu (University of Brighton) (July 2021)

Singapore International Arbitration Academy, National University of Singapore Centre for International Law (June 2021) (multiple sessions attended by more than 100 government officials)

A Pacific Rim Consensus on International Investment Law, International Public Lecture, Transnational Business Law Department, Faculty of Law, Universitas Padjadjaran (June 2021) (two-hour virtual seminar)

Demonstration Virtual JD Contracts Class, Peking University School of Transnational Law (May 2021)

2020

Belt and Road Connectivity in a Fractured Trade Environment, Pearl River Delta Academy of International Trade and Investment Law (PRAIA) (December 2020)

Foreign Policy Implications of a Biden Administration, 2020 U.S. Presidential Election - Issues, Outcome and Implications, Peking University School of Transnational Law (November 2020) (YouTube)

Making Arbitration Work for Africa: Rethinking Investment Treaties and Sustainable Development for Africa, NICArb 2020 Virtual Annual Conference and Investiture (November 2020)

Overview of T20 Policy Brief on ISDS Reform, 2020 FDI Moot Awards Ceremony (presentation with Loukas Mistelis and Crina Baltag) (November 2020) (YouTube) (T20 Saudi Arabia 2020)

The US-China Relationship in the 20s, ADR in Asia Conference: Redesigning International Arbitration, US-China Relations: Challenges and Opportunities, Hong Kong International Arbitration Centre (October 2020)

FDI Moot Shenzhen, Shenzhen Court of International Arbitration (semi-final round arbitrator) (October 2020)

Repeat Appointments: Impartiality, Independence and Diversity, Institute for Transnational Arbitration, Focus on the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement (September 2020) (SSRN) (YouTube)

Investment Arbitration: Obligations, Interpretation and Practice, Shenzhen Court of International Arbitration (September 2020) (report)

Covered Investors and Investments, Columbia Center on Sustainable Investment, Columbia Law School, Virtual Executive Training on Investment Treaties and Arbitration for Government Officials (July 2020) (attended by more than 150 government officials from more than 30 countries)

Demonstration Virtual JD Contracts Class, Peking University School of Transnational Law (May 2020) (attended by students from more than 20 universities in China) (report)

Connectivity and Decoupling, Legal Frontiers, Peking University School of Transnational Law (March 2020)

2019

China and Transnational Soft Law, The Use of Soft Law by National Courts and Public Authorities: An EU-China Comparison, Peking University School of Transnational Law, Shenzhen, China (November 2019)

Belt and Road Dispute Settlement: Opportunities for Connectivity, Pearl River Delta Academy of International Trade and Investment Law, Macau (November 2019)

Evidence and Facts: Perspectives from Law (moderator), The Second International Conference on Facts and Evidence, China University of Political Science and Law/Peking University School of Transnational Law, Shenzhen, China (November 2019)

Connectivity in a Decoupling World, Chinese Academy of Social Sciences (CASS) Forum, Beijing, China (October 2019)

SOE Claims in Investment Arbitration, State Enterprises in Investment Disputes, Fangda Partners, Hong Kong (September 2019)

Mega-regional Investment Arbitration: A Pacific Rim Consensus, Multilateral Reform of Investor-State Dispute Resolution: A Dialogue Among Different Approaches, Silk Road Institute for International and Comparative Law, Xi’an Jiaotong University, Xi’an, China (September 2019)

Executive Training on Investment Treaties and Arbitration for Government Officials (sessions on “investor” and “investment”), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (June 2019)

A Belt and Road Dispute Settlement Regime, U.S. Department of State, Washington DC (June 2019)

Investment Arbitration Reform: UNCITRAL Working Group III and the Academic Forum on ISDS (joint presentation with Chi Manjiao), Peking University STL, Shenzhen, China (May 2019)

Situating the China International Commercial Court, Hong Kong University School of Professional and Continuing Education, “One Belt, One Road, Many Laws” Experts Talk Series, Hong Kong (May 2019)

Generation STL, Peking University STL Alumni Weekend, Shenzhen, China (April 2019)

Mediation Developments in the Context of Civil Justice Reforms (moderator), Advances in Comparative ADR: Research into Practice (Hong Kong University Faculty of Law), Hong Kong (March 2019)

Singapore International Arbitration Academy, National University of Singapore Centre for International Law (sessions on substantive investment obligations), Singapore (February 2019)

Reforming International Investment Arbitration (ISDS Academic Forum (University of Geneva) and PluriCourts Centre for Excellence (University of Oslo)), Oslo, Norway (presented working group paper on “incorrectness” of ISDS decisions) (February 2019)

China’s Belt & Road: Impressive Scale and Unprecedented Risk (moderator), Schiefelbein Global Dispute Resolution Conference, Arizona State University, Phoenix, Arizona (January 2019)

2018

ASEAN-Australia-New Zealand Free Trade Agreement Economic Cooperation Work Programme, Regional Forum on Investment Disputes, Resolution and Prevention, Manila, Philippines (November 2018) (sessions on dispute prevention and management, developments in treaty practice)

A Belt and Road Dispute Settlement Regime, Pearl River Delta Academy of International Trade and Investment Law, Macau (November 2018)

The New York Convention and International Dispute Resolution, China Arbitration Summit 2018 (Supreme People’s Court, UNCITRAL, CCPIT, CIETAC), Beijing, China (September 2018)

The Enforcement of Arbitral Awards – The New York Convention, International Chamber of Commerce/Shenzhen Court of International Arbitration/Moot Alumni Association, International Arbitration Training for Elite Young Lawyers of Guangdong Province, Shenzhen, China (August 2018) 

Recent IIAs Incorporating General Exceptions Provisions: Key Considerations, Seoul National University Asia-Pacific Law Institute/Korean Commercial Arbitration Board International, Seminar on Investor-State Dispute Settlement, Seoul, Korea (August 2018)

Executive Training on Investment Treaties and Arbitration for Government Officials (multiple sessions), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (July 2018)

Is International Arbitration in China Impartial? (moderator), Shenzhen Court of International Arbitration Panel Discussion, New York, New York (June 2018)

International Investment Obligations and Industrial Policy: Evolution in Treaty Practice, Ongoing Evolution of Investment Policymaking in RTAs and IIAs, International Centre for Trade and Sustainable Development/Inter-American Development Bank, Geneva, Switzerland (June 2018)

Asian Trends in Special Economic Zones (chair), Asia FDI Forum IV (CUHK Faculty of Law, Columbia Center on Sustainable Investment), Hong Kong (March 2018)

2017

China’s Belt and Road Initiative and Investment Treaties, Pearl River Delta Academy of International Trade and Investment Law, Macau (November 2017)

Mega-Regional Free Trade Agreements: Asia as 21st Century Rule-Maker, Bar Council Malaysia, Kuala Lumpur, Malaysia (October 2017)

U.S. Investment Treaty Policy and the Trump Administration, 30th LAWASIA Conference, Tokyo, Japan (September 2017)

The Second Rebalancing of the International Investment Law Regime, Uryu & Itoga, Tokyo, Japan (September 2017)

Executive Training on Investment Treaties and Arbitration for Government Officials (Sessions on “Investor” and “Investment”), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (July 2017)

The Latest Developments in Investment Arbitration (moderator); Investment Arbitration and Applicable Rules (commentator), The 7th South China In-House Counsel Forum, Belt & Road: Chinese Companies and Investment Arbitration (Shenzhen Court of International Arbitration, Authority of Qianhai-Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen), Shenzhen, China (June 2017)

From Investor-State Arbitration to a Permanent Investment Court? Procedural Issues (Chair), Asia FDI Forum III (CUHK Faculty of Law, CFRED, Tsinghua Law School, Columbia Center on Sustainable Investment), Hong Kong (May 2017)

Belt and Road Dispute Resolution: Opportunities for Harmonization and Clarification, The BRI and Dispute Resolution: Focusing on UNIDROIT Principles, International Arbitration, and Judicial Adjudication (UIBE Law School, UNIDROIT, CIETAC), Beijing, China (March 2017).

A Belt and Road Opportunity for China’s Investment Treaty Program, The Regulation of Energy Investments Along the “Belt and Road” (Chinese University of Hong Kong, KAS Regional Energy Security and Climate Change Project, Energy Charter Secretariat), Hong Kong (February 2017)

Multinational Enterprises and Investment Treaties, Works-in-Progress Workshop (Institute for Transnational Arbitration Academic Council), Washington, DC (January 2017)

2016

Balancing Investment Promotion and Consumer Protection in China: Three Models to Consider, Consumer Policy in China: New Trends and Challenges (University of Macau Faculty of Law), Macau (December 2016)

A U.S.-China BIT: A New Chapter for Investment Liberalization, Asia FDI Forum II, China’s Three-Prong Investment Strategy: Bilateral, Regional, and Global Tracks, (Chinese University of Hong Kong, Columbia Center for Sustainable Development, World Economic Forum), Hong Kong (November 2016)

Investment Arbitration: Policy Divergence, Prospects for Harmonization, and Implications for the Developing World, ISDS Seminar 2016 (Seoul National University School of Law/Seoul International Dispute Resolution Center/Korean Commercial Arbitration Board), Seoul, Korea (October 2016)

Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, Asian Regional Conference on Recent Trends in Dispute Resolution: Mechanisms and Processes (Faculty of Law, University of Macau), Macau (September 2016)

Investment Arbitration under Mega-Regional Free Trade Agreements: A 21st Century Model, 2016 Taipei International Conference on Arbitration and Mediation (Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy), Taipei, Taiwan (August 2016)

Towards Investment Harmonization in the Asia Pacific, Investment in an Era of Mega-Regionals, (World Economic Forum/International Centre for Trade and Sustainable Development/Japan External Trade Organization/Research Institute of Economy, Trade, and Industry), Tokyo, Japan (July 2016)

Investment Treaty Arbitration: Distinctive Characteristics, Shenzhen Court of International Arbitration, Shenzhen, China (June 2016)

“Mega-regional” Free Trade Agreements and 21st Century Investment Policy, Policy Dialogue on Facilitating Global Investment through Policy Cooperation and Coordination, E15 Initiative (World Economic Forum/International Centre for Trade and Sustainable Development), Geneva, Switzerland (May 2016)

Investment Arbitration under Plurilateral Trade Agreements: The TPP as a 21st Century Model, The Trans-Pacific Partnership (TPP): A Paradigm Shift in International Trade Regulation? (Chinese University of Hong Kong and Asia WTO Research Network), Hong Kong (May 2016)

Investment Policy Options for G20 Collaboration, Workshop on Key Policy Options for the G20 to Support Robust International Trade and Investment (International Centre for Trade and Sustainable Development and Institute of World Economics and Politics, Chinese Academy of Social Sciences), Nanjing, China (April 2016)

Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, National University of Singapore Centre for International Law Investment Treaty Appellate Mechanism Research Project Workshop, Singapore (April 2016)

2015

State-owned Enterprises as Claimants in International Investment Arbitration, ICSID at 50: The Evolution of International Investment Treaties and Dispute Resolution (International Centre for Settlement of Investment Disputes /Xi’an Jiaotong University), Xi’an, China (November 2015)

A Pacific Rim Platform for International Investment Law Harmonization, Asia FDI Forum (CUHK Faculty of Law, Columbia Center for Sustainable Investment, Oxfam Hong Kong), Chinese University of Hong Kong (November 2015)

Appellate Mechanism Options: Consistency, Accuracy, Balance of Power, 4th Asia Pacific ADR Conference (UNCITRAL/Ministry of Justice of Korea/Korea Commercial Arbitration Board/International Chamber of Commerce), Seoul, Korea (November 2015)

Environmental Regulation, Sustainable Development, and NAFTA, Sustainable Development and International Law, Chinese University of Hong Kong (October 2015)

Investment Law Harmonization in the Pacific Rim Region, APEC Investment Experts’ Group, Cebu, Philippines (August 2015)

The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law: Towards a Free Trade Area of the Asia-Pacific, E15 Initiative Second Task Force Workshop on Investment Policy, Geneva, Switzerland (June 2015)

New Regionalism and South-South Trade, HK Summit 2015 (ICCA/HKIAC), Hong Kong (May 2015)

Two Key 21st Century Challenges for International Investment Law, Investment Treaty Experts’ Meeting, National University of Singapore Centre for International Law, Singapore (April 2015)

2014

SOE Protections and Disciplines, HKIAC ADR in Asia Conference, Hong Kong (Oct. 2014)

China’s Outbound FDI: The U.S. Experience, Australian National University Forum on SOE Investment, Sydney, Australia (Aug. 2014)

Treaty Protections for Chinese Investors Abroad, Transnational Legal Practice in China in the 21st Century, Peking University School of Transnational Law Symposium 2014, Beijing, China (May 2014)

International Arbitration – A Regional Journey, ICC Asia-Pacific Conference, Seoul, Korea (moderator) (May 2014)

2013

China – Inside and Out, ABA Section of International Law/Beijing Foreign Studies University, Beijing, China (September 2013)

Offensive and Defensive Interests in China’s Investment Treaty Practice, China-Africa Investment Treaties and Dispute Settlement, American Society of International Law Annual Meeting, Washington, DC (April 2013) (remarks available at Proceedings of the Annual Meeting, American Society of International Law, Vol. 107, International Law in a Multipolar World (2013), pp. 231-232)

Joint Interpretations under a Divided TPP Investment Chapter, New Developments in Arbitration Against Sovereigns, Georgetown Law School, Washington, DC (April 2013)

2012

Particularity and Clarity in BITs, Can Investment Treaty Arbitration Be Improved?, Singapore International Investment Arbitration Conference, Centre for International Law, National University of Singapore (December 2012)

Corporate Nationality Planning in Investment Treaty Arbitration, Kyoto University Faculty of Law, Kyoto, Japan (October 2012)

Distinctive Characteristics of Investor-State Arbitration under NAFTA Chapter 11, Investment Treaty Arbitration: Problems and Perspective, Uryu & Itoga, Tokyo, Japan (October 2012)

Dispute Settlement under a TPP Investment Chapter: Some Preliminary Thoughts, China and ICSID Workshop/Roundtable, Xi’an Jiaotong University School of Law, Xi’an, China (June 2012)

2010

Looking to the Future: Treatment of Investment under Trade and Investment Treaties, Colombia Arbitration Workshop, Bogotá Chamber of Commerce, Bogotá, Colombia (August 2010)

Impact of Tribunal Interpretations on Treaty Drafting, UNCTAD/APEC/USAID Workshop on Dispute Prevention and Preparedness, Washington, DC (July 2010)

Arbitration with States and State Entities under Contracts and Treaties, ICC Young Arbitrators Forum, Washington, DC (July 2010)

U.S. International Investment Policy 2010 and Beyond, D.C. Bar International Law Section/International Investment & Finance Committee, Washington DC (April 2010)

Experiences of Stakeholders in Investment Arbitration and Dispute Resolution, Washington & Lee/UNCTAD Joint Symposium on International Investment and ADR, Lexington, VA (March 2010)

States and State-Controlled Entities as Claimants in International Investment Arbitration, Vale Columbia Center on Sustainable International Investment, Columbia Law School, New York, NY (March 2010)

2009

What Does the Future Hold For International Arbitration?  Professor Thomas Wälde Memorial Symposium, Centre for Energy, Petroleum, and Mineral Law and Policy, University of Dundee, St. Andrews, Scotland (October 2009)

NAFTA Defenses and Process, International Law Institute, Washington DC (October 2009)

The States’ Perspectives, 15 Years of NAFTA Chapter 11 Arbitration, McGill University/International Arbitration Institute, Montreal, Canada (September 2009)

Investment Disputes and Resolution Mechanisms, U.S. Global Investment Policy, Foreign Service Institute, U.S. Department of State, Washington DC (July 2009)

2008

Arbitrators and Issue Conflict – Treading a Tightrope of Legitimacy? Juris Conferences, Second Annual Investment Treaty Arbitration Conference, Washington DC (April 2008)

2007

Defenses Available to States in Investor-State Arbitration, International Law Institute, Washington DC (June 2007)