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News & Events

Mar 17 2025

Winter Update

January – March 2025

In November 2024, the ICC Bulletin published a document reflecting the work of Track 3 of the ICC’s Task Force on Dealing with Allegations of Corruption in International Arbitration.  Lucinda is a member of the Task Force and one of the Coordinators of Track 3.   The document is the first published output of the Task Force, which began its work in 2020. It provides an innovative approach to addressing corruption allegations in arbitration through a three-step methodology for evaluating potential or asserted red flags. The full document is available in Issue 2 of the 2024 ICC Dispute Resolution Bulletin. The document was the subject of an event held in Stockholm on March 10, organized by ICC Stockholm, at which Lucinda and two of the other Track 3 Coordinators spoke. 

In December 2024, both Meg and Lucinda were pleased to participate in different panels organized during Washington Arbitration Week (WAW).   Lucinda spoke at an ICSID-sponsored panel entitled “Inside the Arbitrators’ Chambers: Best Practices of Arbitrators in ICSID Proceedings”, while Meg moderated a session on enforcement of international investment and commercial arbitration awards.  Lucinda was also the recipient of WAW’s Lifetime Achievement Award, which was conferred at a reception held at ICSID’s headquarters on December 5.   Her acceptance speech will be published by the WAW organizers.

Lucinda also spoke at a webinar organized by the ICC Institute on World Business Law’s SME Lab on Compliance in December 2024. She addressed Practical Considerations in Compliance Disputes. This webinar stems from the ongoing work of the ICC to assist small and medium sized enterprises to understand and implement effective compliance programs.

On January 30, 2025, Meg participated in a wide-ranging “armchair interview” by ILA Canada. The interview was moderated by Oonagh E. Fitzgerald, President of ILA Canada, with Svetoslav Ivanov, PhD candidate at McGill University Law School, as discussant. 

Both Meg and Lucinda spoke at the CPR Annual Conference in Miami on February 5, 2025. Meg spoke on a panel discussing bifurcation of proceedings, while Lucinda spoke on a panel addressing Recent Developments in Arbitration in Latin America.

Also in February 2025, Lucinda participated at an ARBinBrief webinar on “Corruption Claims in Commercial Arbitration”. She also participated in a discussion hosted by the Washington Foreign Law Society, entitled “Raising Red Flags: Addressing Claims of Corruption in Arbitration.”

In March 2025, Meg will be the keynote speaker at an event sponsored by the Georgetown International Arbitration Society focusing on mentoring and career development.

In addition to their dispute resolution practices, Lucinda and Meg continue to participate actively in advisory and expert groups on international arbitration. For example, Lucinda has agreed to participate in an Advisory Committee that is being constituted for the AAA/ICDR for Brazil.  Similarly, Meg will continue working with the ICCA Cross-Institutional Task Force which is updating its report on Gender Diversity in Arbitral Appointments and Proceedings. 

Written by Nilu · Categorized: Uncategorized

Nov 07 2024

Fall Update

October – December 2024

During the week of September 30, Meg visited the Max Planck Institute in Luxembourg.  While there, she gave a lecture on the “Impact of NAFTA Chapter 11”, which will be published in the ICSID Review. NAFTA Chapter 11 inspired substantive and procedural obligations in many subsequent BITs, not to mention attitudes towards issues such as transparency in arbitration.  During her visit, Meg also spoke on reform in investment arbitration and nationality of investors initiating arbitration.

On October 7, Meg was on a jury assessing presentations of the top papers submitted to the 2024 Nappert Essay Prize at McGill University in Montreal, Canada. The topics presented were at the frontiers of our discipline: Sara Nicola D’Sousa spoke on “The Protection of Crypto-Assets in International Investment Law”, Kseniia Soloveva addressed “Instrumentalising Nationality of Natural Persons: Legitimate Strategic Planning versus Abuse of Procedural Rights” and Joseph Ho spoke to “International Investment Treaty Compliance in Canadian Federalism: A Multi-Dimensional Challenge”.

Meg joined a panel on the mediation of investment disputes, on October 22, held on the margins of the Sixth Committee meetings of the United Nations in New York City. Mediation can certainly contribute to the resolution and simplification of many ISDS cases. Disputing parties should note that mediation can occur at any stage of a case, and it might be especially useful at the later stages, for example after a finding of liability. 

On October 24, Meg delivered the 2024 Washington College of Law Annual International Commercial Arbitration Lecture on “Procedural Good Faith in Investment Arbitration – What Is It And What Could It Be?” Procedural good faith is invoked frequently in arbitration and supports the relevant arbitral rules in maintaining a balanced and fair process. 

During November, Meg will be in Rome for UNIDROIT Meetings and the first annual  UNIDROIT Conference (November 5 – 11), speaking on The Complex Interplay between Climate Law and International Investment Law ( November 8 – for more information, see Roma_Tre_UNIDROIT_Annual_Conference-Programme.pdf). 

On November 13, Meg will take part in this year’s ICC World Business Law Annual Conference in Paris.  The conference looks at Res Judicata, Claim Preclusion, Issue Preclusion and Claim Splitting (Res Judicata, Claim Preclusion, Issue Preclusion and Claim Splitting | Events2Go (iccwbo.org)), and Meg will address how ISDS tribunals have applied res judicata. 

Finally, Meg will be the keynote speaker at The Winds of Change: ICSID in the Geopolitical Arena,  a symposium co-hosted by The University of Vienna, ICSID and Herbert Smith Freehills LLP on November 27, 2024 ( for further information see The Winds of Change: ICSID in the Geopolitical Arena | Herbert Smith Freehills | Global law firm).  Much has changed since the first BIT in 1959, and the conference will be a terrific opportunity to consider this evolution and potential directions for the next decades.

Lucinda participated in the September 14 meeting of the ICC Commission on Arbitration and ADR in Mexico City, having been appointed in June to a three-year term on the Commission.   She continues to actively participate in the work of the Task Force on Dealing with Allegations of Corruption in International Arbitration and looks forward to the publication this fall of the Report of Track 3, which she co-chairs (with Abdulhay Sayed, Patrick Baeten and Xavier Andrade) on Red Flags in Arbitration.   While in Mexico City, Lucinda participated in the LCIA’s Tylney Town Hall and certain IBA-related events, and enjoyed social time with USCIB, IBA, ABA and other colleagues and friends from Mexico and around the world. 

October found Lucinda focused on managing her transition out of Steptoe; November will feature the same as well as participation in the ICC Institute on World Business Law in Paris, a program at which she spoke two years ago, where she will meet up with Meg for joint meetings in Paris and London. In December, LKDR will sponsor Washington Arbitration Week, on whose Advisory Board both Lucinda and Meg have been involved from the outset (for further information, see Washington Arbitration Week – 4th Edition – Nov. 27 to Dec. 01 – 2023).  Lucinda will speak on an ICSID-organized panel on December 4 addressing arbitrator best practices to conduct an efficient and cost-effective proceeding.   She will also receive an award at the WAW opening reception that same night.  On December 5, she will participate in an ICC Institute of World Business Law Compliance Disputes Webinar, and on December 16, she will participate in a PLI webinar on trends in the drafting of cross-border arbitration agreements.

Written by calvin · Categorized: Uncategorized

Aug 28 2024

Summer Update

Lucinda Low was appointed by the US National Committee to a three-year term as a delegate to the ICC Commission on Arbitration and ADR in June 2024.  In that capacity, and as an active member and track leader of the Commission’s Task Force on “Addressing Issues of Corruption in International Arbitration,” she will attend the Commission meeting on September 14, 2024 in Mexico City, prior to the IBA 2024 Annual Conference.  

The Commercial Dispute Resolution Newsletter recently published an interview with Meg Kinnear, marking her contributions as Secretary-General of ICSID. The article addresses Meg’s career and work at ICSID as well as at the Trade Law Bureau of Canada, concluding that her experience “gives a level of insight into ISDS that few can match.” The full article is available at: Profile: Meg Kinnear stands up for ISDS | Andrew Mizner | CDR Article (cdr-news.com).

Meg will be visiting the Max Planck Institute in Luxembourg between September 30 and October 4, 2024. While there, she will be speaking on several current issues.  This includes a speech about the impact of NAFTA Chapter 11 on modern ISDS. While that agreement has been superseded by the USMCA, it has had a very significant impact on investment jurisprudence and treaty drafting in the past two decades. She will also address the topic of reform of ISDS, and whether it is too little, too much, or just right! 

Written by calvin · Categorized: Uncategorized

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