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Dispute Resolution in Major Industrial Projects Involving State Parties

  Registration Form Click to register by the 28 May 2024 deadline

  Agenda Click to view

  Biographies of the Speakers Click to view

Time of Event

Day 1: 14:45–18:30 Japan Standard Time (JST)
Day 2: 13:45–19:00 Japan Standard Time (JST)

Summary

The Alternative Dispute Resolution mechanism supplements and, in a few cases, supplants traditional decision-making processes in the public domain. This training workshop aims to examine the significance of alternative dispute resolution for policy decision makers who are involved on behalf of states and/or state entities in major industrial projects, with a Harvard Business School case study, “The Kashagan Production Sharing Agreement”, to be set as a practical illustration.

The workshop is designed to be particularly beneficial for government officials (such as ministries of economics, industry, and environment), responsible for policies and projects that engage foreign investors and state-owned entities, as well as researchers and practitioners in this area. This 2-day workshop aims to foster discussions and innovative approaches on alternative dispute resolution.

Day 1 includes an introduction to the Harvard Business School Case Study, along with interactive sessions on negotiating and mediating disputes involving state entities and arbitrating disputes from the perspective of private parties.

Day 2 focuses on exploring state-party arbitration, followed by a hybrid panel discussion on the evolution of international commercial arbitration involving state entities, followed by thematic sessions on building counterclaims in investor-state disputes from an environmental perspective, concluding with a general discussion on the learning outcomes tied back to the case study.

Objectives
  • Emphasize to decision-makers the importance of alternative dispute resolution mechanisms for projects involving state parties
  • Enable policy makers to understand how alternative dispute resolution mechanisms can assist with and/or replace conventional decision-making processes
  • Enable relevant stakeholders at various levels of policy-making, from the federal government level to the local government level, to engage in group work on how to develop appropriate approaches for alternative dispute resolution
Target Participants

ADBI welcomes applications from government officials, policy makers, thematic experts, researchers, and practitioners from ADB’s developing member countries (DMCs).

Women are encouraged to apply.

How to Apply

Fill out the application form by no later than Tuesday, 28 May 2024.

Due to limited capacity, we regret that only shortlisted applicants will be contacted.

Output
  • Improved policy maker understanding on alternative dispute resolution mechanisms and dispute resolution in projects involving state parties
  • Enhanced networking, collaboration, and cooperation among experts and practitioners to deliberate and discuss on what is required to build new approaches in the field of alternative dispute resolution
Partners
  • University of Oxford, UK 
  • CNRS - Centre National de la Recherche Scientifique (French National Centre for Scientific Research)
  • SASTRA University (Under the aegis of TATA PALKHIVALA CHAIR ON AI & ADR, SoL, SASTRA), India 
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