Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration

Event starts at 1:30 PM London time.

This online conference will address complex issues related to of evidence in investor-state disputes. The topics will include law applicable to evidentiary issues, admissibility of evidence (including obtained using illegal means), determining the relevance and materiality of evidence, adverse inferences, disclosure requests, distinction between law and facts, provisional measures related to evidence. Thursday 29 April 2021 Panel 1. Applicable law and evidence Overview of conflict of law issues - Professor Frédéric Sourgens, Washburn School of Law, Topeka Approaches to admissibility and relevance of evidence in ISDS - Jennifer Younan, Shearman & Sterling, London Approaches to burden and standard of proof in ISDS - Samantha Rowe, Debevoise & Plimpton, London Panel 2. Inferences and exclusionary rules Chair: Prof Maurice Mendelson, Blackstone Chambers, London Inferences from evidence or its absence - Kate Knox, DLA Piper, London Exclusion of evidence and evidentiary privileges - Andre Cannon, Herbert Smith, London Proof of law Friday, 30 April 2021 Panel 3. Obtaining and presenting evidence Rules and practice related to discovery and document production Green protocols in international arbitration - Kiran Sanghera, HKIAC, Hong Kong Panel 4. Proving damages Chair: Mark Kantor, Independent Arbitrator, Washington, DC Overview of issues related to proving damages - Adam Douglas, Government of Canada, Ottawa Damages calculations affected by Covid-19