Developing In-House Defense Capacities by Sovereign States in Investment Arbitration and State-Owned

Описание: Developing In-House Defense Capacities by Sovereign States in Investment Arbitration and State-Owned Companies in International Commercial Arbitration

Moderator:
José Antonio Rivas (Founding Partner, Xtrategy LLP)

Panelists:
David Bigge (Chief of Investment Arbitration Office of the Legal Adviser)
María Carolina Durán (Special Counsel, Baker Botts)
Mallory Silberman (Freelance Consultant, Ms Arbitration)
Jean Pierre Galvan (President of the Special Commission Representing the State in International Investment Disputes, Ministry of Economy of Peru)
Mijail Cienfuegos (Legal Advisor and Technical Secretary of the Special Commission Representing the State in International Investment Disputes, Ministry of Economy of Peru)

In recent years, many sovereign States have taken important steps to strengthen their in-house legal capacities to defend against investor claims. National agencies and specialized legal teams are increasingly managing complex arbitration proceedings without relying exclusively on external counsel. At the same time, State owned companies are becoming frequent parties in international commercial arbitration, in sectors such as energy, infrastructure and natural resources. These developments reflect both a shift toward greater autonomy in dispute management and a need for institutional strategies that align with global best practices.

This panel will explore how sovereign States are strengthening their internal capacities to manage investment arbitration and how State-owned companies are navigating the field of international commercial arbitration. Speakers will analyze recent institutional reforms, new government initiatives and ongoing efforts to develop permanent in-house teams that can lead and co-ordinate arbitration strategy. The panel will identify lessons learned from both successes and setbacks and will consider the advantages of building specialized in house capacity, as well as the challenges. By bringing together perspectives from government practitioners, arbitral institutions and private counsel, the session will provide a comprehensive view of how States and their companies can enhance their effectiveness in arbitration and contribute to the development of more sustainable and transparent practices international dispute resolution.