The Ministry of Foreign Affairs of Japan and the Energy Charter Secretariat held the Tokyo Energy Charter Forum on 21 November 2014. The Forum focused on the settlement of energy investment disputes under the Energy Charter Treaty. The forum was attended by nearly 100 participants from the Japanese government, energy-related firms, legal circles, academics, embassies and journalists.
The event included presentations by several institutions involved in investment arbitration (such as the Stockholm Chamber of Commerce and the Permanent Court of Arbitration), an open discussion with renown international investment lawyers (including the counsels of both parties in the cases of the former Yukos shareholders), a panel on relevant legal issues (indirect investors, damages, evidence and provisional measures) and a final discussion on investment mediation/conciliation under the Energy Charter Treaty.
The Forum was concluded with a keynote speech from Prof. Nobuo Tanaka, currently Special Envoy of the Energy Charter Secretary General and former Executive Director of the International Energy Agency.
Presentations
Opening Session
H.E. Kentaro Sonoura
Parliamentary Vice-Minister for Foreign Affairs
Mr. Nobuaki Ito
Deputy Director-General for International Trade Policy, Trade Policy Bureau, Ministry of Economy, Trade and Industry
Dr. Urban Rusnák
Secretary General, Energy Charter Secretariat
Session I: Investment Arbitration: the Role of the Institutions
Chair
Ms. Noriko Yodogawa
Associate, Nishimura & Asahi
Speakers
Ms. Annette Magnusson
Secretary General, Arbitration Institute of the Stockholm Chamber of Commerce
Mr. Brooks W. Daly
Deputy Secretary-General, Permanent Court of Arbitration
Dr. Alejandro Carballo
Legal Counsel, Energy Charter Secretariat
Session II: Investment Arbitration: Perspective of Practitioners
Chair
Prof. Shotaro Hamamoto
Kyoto University
Speakers
Ms. Yas Banifatemi
Partner, Shearman & Sterling L.L.P
Mr. Pedro Claros
Partner, Cuatrecasas Gonçalves Pereira L.L.P
Mr. Alejandro Escobar
Partner, Baker Botts L.L.P
Mr. Yasuhei Taniguchi
Professor Emeritus, Kyoto University; Managing Director, Japan Association of Arbitrators; Visiting Lawyer, Matsuo & Kosugi
Session III: Investment Arbitration: Particular Procedural Issues
Chair
Prof. Yuka Fukunaga
Waseda University
Speakers
Ms. Yas Banifatemi
Partner, Shearman & Sterling L.L.P
Mr. Naoki Iguchi
Partner, Nagashima Ohno & Tsunematsu
Assistant Prof. Tomoko Ishikawa
Tsukuba University
Mr. Hiroyuki Tezuka
Partner, Nishimura & Asahi
Session IV: Investment Mediation and Conciliation under the Energy Charter Treaty
Chair
Prof. Junji Nakagawa
University of Tokyo
Speakers
Ms. Mitsuru Claire Chino
General Counsel and Executive Officer, Itochu Corporation
Ms. Anna Joubin-Bret
Independent Investment Lawyer; ex-Senior Legal Advisor of UNCTAD
Mr. Nicholas Lingard
Senior Associate, Freshfields L.L.P
Mr. Nobuo Tanaka
Special Envoy of the Secretary General of the Energy Charter Secretariat; Former Executive Director, International Energy Agency; Global Associate, Institute of Energy Economics, Japan