Inside Sciences Po’s TADS Alumni Homecoming: Where Annual Arbitration Days Foster Inter-generational Knowledge Exchange
THE AUTHOR:
Teresina Grimaldi, Dominican-qualified Lawyer and LL.M. Candidate at Sciences Po Law School
Sciences Po Law School recently started a notable tradition – the Sciences Po Arbitration Days now mark the rentrée scolaire and a great way to ease back into business after the holiday season. Each year, the series of conferences concludes with the Alumni Homecoming event organized by the Transnational Arbitration and Dispute Settlement (TADS) LLM, which consists of panel discussions led by illustrious alumni and inter-generational networking.
This year’s TADS Alumni Homecoming took place on Saturday, 14 September 2024, and brought together alumni – also colloquially known as TADSies – from all around the world to share their professional journeys and insights, continuing the legacy of academic excellence and global collaboration that not only defines the TADS, but the international dispute resolution community altogether.
Homecoming began with opening remarks from Professor Diego Fernandez Arroyo, a well-known international arbitrator and notably Director of the TADS LLM. He remarked that one of the most important and distinctive characteristics of our close-knit community is the spirit of collaboration and interconnectedness. We consistently see experienced graduates and practitioners contributing to the expectations and hopes of newer generations and offering guidance on how to deal with the opportunities and challenges of the professional path they are exploring.
Fieldnotes – Reflecting on Different Global Career Paths
On the fifth anniversary of their graduation, the graduates of the 2019 Class shared valuable insights on navigating the international arbitration professional maze after obtaining their master’s degree. The panel composed of Ana Karine Froz, Maria Mironova, Guillermina Huber, Laragh Lee, and Toni Nogolica offered guidance on how to best explore different career paths and job markets, as well as obtaining multiple bar admissions in jurisdictions such as France and the UK.
The panel began with Ana Karine Froz, a dual-qualified lawyer in Brazil and France, currently an associate at a Brazilian law firm. She discussed the significance of obtaining a second bar qualification, remarking that even if one intends to return to their home jurisdiction, this can be a distinguishing qualification that offers a competitive advantage in the local job market.
Building on this, Maria Mironova, who came from Russia and remained in Paris to work as counsel in International Arbitration, shared her experience of obtaining admission to the Paris bar. She advised us to pursue it even if it presents certain challenges, including the language. Maria encouraged us to not be afraid of pursuing our career goals and to knock on all doors; as she assured us: we will all find our place.
Guillermina Huber, originally from Argentina, exposed her experience of obtaining admission as a solicitor in England and her time spent as both an intern and associate in London, where she practices International Arbitration. She made us reflect on the importance of being sure of the career path we want and wish to pursue, in order to make the necessary decisions to follow it.
Laragh Lee emphasized the value of staying active within our interests and maintaining contact with the people we meet during the LLM year. Now Deputy Counsel at the International Chamber of Commerce (ICC), after completing the LLM she returned to her home country of Ireland to obtain her bar admission. Subsequently, she had the opportunity to return to Paris to the same place where she had completed her work placement as an LLM student.
Finally, Toni Nogolica talked about his experience returning to Croatia after completing his LLM degree. He remarked that it is not always a loss to go from the “big city” to the “countryside”, as one would say, most of all if you go back to a more developing market while maintaining the professional contacts you made abroad. Doing this opened the door for him to start working as a tribunal secretary, which eventually allowed him to act as an arbitrator.
At the Edge of the International Arbitration Trade: Discussing Some of the Current Hot Topics
A panel composed of TADSies of all generations activated the debate on some topics that are now trending in International Arbitration. The exchange was moderated by Liana Cercel, special professional development advisor for the TADS LLM, independent counsel, and alumni of the first generation of the TADS LLM.
The first topic was introduced by Nicolas Wayar Ocampo who presented his perspective on the denial of benefits in Investment Arbitration. He raised the question of whether states act in good faith when they deny jurisdictional benefits after having already violated substantive obligations arising from investment treaties. In his opinion, even though states have the right to invoke denial of benefits clauses, doing so might place investors in an imbalanced situation.
Gustavo Delgado Bravo then presented another important project in the investment (and commercial) international arbitration sphere: the joint UNIDROIT-ICC Institute project on International Investment Contracts. The presentation analyzed the timeline and goals of this project, while highlighting its potential impact on the future of investment law and Investor–State Dispute Settlement (“ISDS”). This joint initiative aims to modernize and harmonize international investment contracts by integrating the UNIDROIT (International Institute for the Unification of Private Law) Principles of International Commercial Contracts (2016) with the practices of ICC Tribunals. As he exposed, one of the key objectives is to safeguard investment contracts — which typically involves a state or state entity and a private party in major, long-term projects with significant capital investment — from vulnerabilities arising during the performance, particularly due to high risks related to political changes, regulatory frameworks, and market conditions. Another important issue addressed by the ICC-UNIDROIT project is the incorporation of Environmental, Social, and Governance (“ESG”) obligations in investment contracts – which provided a perfect segway into a discussion of climate change matters within the international investment law framework.
Estefania Delgado debated whether investment treaties are undermining the global energy transition – leaning towards a strong conclusion against this thesis. She focused her presentation on the consequences of the European Union’s withdrawal from the Energy Charter Treaty (1994) (“ECT”). While noting that this move has been welcomed by many as a necessary step toward achieving climate change goals, she emphasized the importance of recognizing that treaties can also contain tools for adaptation which could be useful to employ towards advancing the energy transition. A striking example of this was the commitment towards environmental protection, which is enshrined in the preamble of the ECT, the same treaty which was unequivocally ruled out as “non-green” in spite of this (and its continuous protection of green energy investments). Estefania pondered if, rather than viewing treaties as obstacles, they should be seen as platforms for balanced and fair solutions for the protection of foreign investors – all while preserving legal certainty and the sovereign freedom to regulate for the public interest, particularly to address climate change.
Lito Dokopoulou shifted the narrative towards issues of more procedural practice. She outlined the latest developments concerning the application of U.S. Section 1782 in relation to discovery in international arbitration. As she explained, U.S. courts seem to have changed the scope of application of this provision, which previously allowed judicial assistance in the production of documents for international arbitrations (as international arbitral tribunals were considered within the category of “international tribunals). However, the precedent has changed and now following the Luxshare v. ZF Automotive, Opinion of the Supreme Court of the United States, 13 June 2022 which pertained to international commercial arbitration — and subsequently referenced in the Order of the United States District Court for the Southern District of New York Granting Webuild S.p.A. And Sacyr S.A.’s Ex Parte Application for an Order Under 28 U.S.C. § 1782 to Obtain Discovery From WSP USA for Use in an International Proceeding, 19 May 2022 — arbitral tribunals, whether related to commercial or investment arbitration, are no longer considered “foreign or international tribunals” under Section 1782. As a result, discovery orders from such tribunals no longer appear to be authorized under this statute, causing concern throughout the arbitration community that it has lost a vital tool for evidence gathering.
The final topic, presented by Esen Aydin, Legal Officer at Jus Mundi, positively ignited the room as she walked us through the practical uses of AI in International Arbitration. She highlighted its broad practical use in legal matters – such as for analyzing general aspects of cases and evidence, conducting legal research, summarizing documents, automating translations, suggesting references, and drafting timelines. Esen also shared some innovative tips on how to prompt efficiently, clearly, and results-oriented to generate the best, most accurate AI-generated answers. She emphasized the need for us to gain a deeper understanding of it, enabling secure, efficient, and strategic use in legal contexts, while maintaining confidentiality where required.
ABOUT THE AUTHOR
Teresina Grimaldi is a Dominican-qualified lawyer with experience in international arbitration, representing private parties in disputes arising from Latin America, related to the energy and transportation sectors. She is currently an LL.M. candidate in Transnational Arbitration and Dispute Settlement at Sciences Po Law School.
*The views and opinions expressed by authors are theirs and do not necessarily reflect those of their organizations, employers, or Daily Jus, Jus Mundi, or Jus Connect.
