McGeorge Global Center Co-Director Jarrod Wong: Replacing Secret Arbitrators with Judges in Free Trade Agreement Investment Disputes

McGeorge Global Center Co-Director Jarrod Wong: Replacing Secret Arbitrators with Judges in Free Trade Agreement Investment Disputes

Wednesday, April 5, 2017 | Noon | King Hall Rm. 1301 | Lunch Provided
No less a paradigm shift, the European Union (EU) has called for a permanent court system rather than ad hoc arbitration to resolve investment disputes arising from its free trade agreements (FTAs), including in the proposed Transatlantic Trade and Investment Partnership (TTIP) with the US, and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). The EU hopes thus to foster greater transparency in the resolution process, avoid the appearance of bias through the public appointment of judges, impose the highest ethical standards and ensure greater consistency in decision-making by allowing errors to be corrected through an appellate system, thereby addressing the major legitimacy criticisms leveled at the prevailing system of investor-state arbitration. The talk will consider whether these objectives are met and what the Trump administration’s apparent disaffection with FTAs may mean for an international investment court system.

Jarrod Wong is Professor of Law and Co-Director of the Global Center at the University of the Pacific, McGeorge School of Law. He is a scholar in international dispute resolution, and has been published in the Minnesota Law Review, Tulane Law Review, George Mason Law Review, Florida State University Law Review, and Columbia Journal of Transnational Law among others. Professor Wong is the incoming Co-Chair of the International Economic Law Interest Group of the American Society of International Law. He also serves as Co-Vice Chair of the Academic Council of the Institute for Transnational Arbitration (ITA), and will co-chair the ITA Dallas Workshop in June 2017.