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State of International Trading system and Foreign Trade in India
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Designed for new practitioners and students with focus on institutions, basic TIME: 7:00 PM – 9:00 PM rules governing trade in goods and services and intellectual property rights.
Designed for senior level practitioners, policy makers, and private sector decision TIME:
makers. Focus on India’s role in international trade; its trade relations with major trading partners; trade and the environment; labor rights; and investment.
Combined Foundations and Advance Programs TIME:
THE STATE OF THE INTERNATIONAL TRADING SYSTEM AND FOREIGN INVESTMENT IN INDIA
The international trading system is experiencing profound changes resulting in shifting economic and geopolitical alliances; critical supply chains; and accentuating the divide between developed and developing countries.
The failure of the WTO to produce a broad new multilateral agreement and the collapse of the dispute settlement system has led to the proliferation of bilateral, regional and mega-regional trade agreements. This program will explore the ongoing developments in trade and international investment, and will focus special emphasis on their impact on India.
The speakers are internationally recognized experts in the field of trade and international investment, with most having held senior positions with their governments.
The program will be constructed in two modules:
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INTERNATIONAL TRADE AND INVESTMENT
AND THE
The international trading system is experiencing profound changes. The GATT/WTO system, which achieved remarkable success in removing barriers to trade, appears to have lost its way. It is highly unlikely, after the failure of the Doha Round, to produce a new broad-based multilateral agreement. The second main function of the WTO, dispute settlement, has ground to a halt with the inability to appoint new members to the Appellate Body, which no longer has a quorum. At the same time, and probably as a result of the WTO’s failure to operate as designed, regional trade agreements have proliferated. The focus in recent years has been on so-called “Megaregional” agreements, and three such agreements, in the Pacific, Asia, and Africa, are in progress.
The programme will explore these developments, which are having a profound effect on world trade, in depth. The speakers are all acknowledged experts in the field – former government officials, practitioners, academics, and the like. The trade part of the programme will be in two parts: (1) The fundamental aspects of the world trading system – the institutions, and the basic rules governing trade; (2) advanced topics, such as trade issues relating to the environment and international labour rights, as well as India’s role in the international trading system and its trade relations with its major trading partners. In addition, several days will be devoted to investment issues from an Indian perspective.
The Indian National Association of legal Professionals is an association that aims to represent legal professionals of India on a global platform while promoting the rule of law and serving the society. INALP aims to bring together the Indian legal fraternity with the global peers to ensure that every legal professional gets ample opportunities to evolve on par within the international legal ecosystem. INALP focuses on important issues like trade law, investment law, ADR, climate change law, and human rights law and to provide solid policy recommendations to the government on various critical issues. With the cumulative efforts of all the members of INALP, the association aspires to foster the feeling of collegiality and uphold the honor and integrity of the legal profession. INALP strives to transform the global legal community with the affluence of diverse membership and partnerships; Develop academic resources through research; Cultivate the Indian legal profession & education system in line with global best practices; Offer policy recommendations to governmental & inter- governmental bodies on important issues; Uphold the interest of every legal professional in India; Advance and advocate the rule of law in India; Ensure that legal help is within reach for every Indian, despite their background; Capacity building of young lawyers and law students; Promoting the liberalization of the Indian legal market while protecting the interests of Indian lawyers.
www.indianlegalassociation.org
The International Law Institute is a leading provider of training and technical assistance in international law, economics, and other aspects of international relations. Established in 1955 and formerly part of Georgetown University, since 1983 ILI is now an independent, non-political, non-profit 501 c 3 educational institute serving a global constituency. More than 39, participants, from over 186 countries, have been trained by ILI and its global affiliates. ILI also provides technical expertise to developing nations in the drafting of laws and the designing of their economic and government policies, in efforts to further support and promote good and efficient governance through the rule of law. ILI presents approximately 50 core-training programs each year in our facility in Washington, DC and 15-20 specialized programs are conducted in the U.S and abroad, at the request of foreign governments, the World Bank, or other multilateral sponsoring agencies. ILI has drafted over 40 laws for developing countries; aided in government reforms; and contributed to the development of constitutions. ILI trains at the US Dept. of State, Foreign Service Institute; as is an official training partner of the IFC [International Finance Corporation — World Bank] on private sector investments in large public works; founding member of the Belts and Road International Lawyers Association; holds observer status at the UN – UNCITRAL, UNIDROIT, and The Hague Conference on Private International Law. ILI is headquartered in Washington, DC, with independent regional centers in Kampala, Uganda; Abuja, Nigeria; Cairo, Egypt; Santiago, Chile; Istanbul, Turkey; a representative’s office in Beijing, China; and is partnered with institutions and universities in India, Austria, Germany, Serbia, Mexico, Singapore and Italy.
www.ili.org
Email: manuj_b@indianlegalassociation.org
PATRICK MACRORY
Director, International Trade Law Center – International Law Institute; Partner, Appleton Luff, LLP [Washington, DC]
Patrick Macrory has practiced and taught trade law in Washington, D.C., for more than forty years. Former English barrister at the firm of Arnold & Porter for 22 years and 15 years as senior partner at Akin, Gump, Strauss, Hauer & Feld. Presently Partner in the law firm of Appleton Luff.
WARREN MARUYAMA
Partner, Hogan Lovells [Washington, DC]
Warren Maruyama focuses on cutting-edge trade policy challenges, including USMCA; Sec 301, 232, 201; WTO disputes. Warren served as a senior level officer in the Office of the United States Trade Representative (USTR), the White House, and the U.S. International Trade Commission. Mr. Maruyama advises on (FTAs), (TPP), (TTIP), Brexit, China trade, Korea, Colombia, Peru, Panama, and Australia.
SPENCER GRIFFITH
Partner, Akin, Gump, Straus Hauer and Feld, LLP [Washington, DC]
Mr. Griffith handles complex international trade and litigation matters including WTO, countervailing duty, antidumping, trade policy, arbitrations, and antitrust. He has represented cases before the U.S. Dept. of Commerce, the International Trade Commission, the Office of the U.S. Trade Representative and the Court of International Trade. He serves private and government clients. Previous Partner-in-Charge of Akin Gump Beijing office.
DR. ARTHUR APPLETON
Partner, Appleton Luff International Lawyers [Geneva]
Founding partner of Appleton Luff, specialized in international trade. Co-Editor of a major work on the WTO considered a premier work on international trade. Represented India in the Shrimp-Turtle case. Teaches regularly in New Delhi at IIFT and is adjunct professor of International Law at Johns Hopkins School for Advanced International Studies.
R.V. ANURADHA
Partner, Clarus Law Associates [New Delhi]
R.V. Anuradha heads her firm’s practice in International Trade and Investment Law and Policy. She also advices on Environmental law and policy, including on carbon financing and renewable energy. Anuradha advises companies, industry associations and the Government of India on issues arising under the WTO Agreements, Free Trade Agreements, and Bilateral Investment Protection Agreements, including disputes arising under such agreements. She also undertakes studies for the Commonwealth Secretariat, the International Trade Centre, Centre for WTO Studies and export promotion associations in India. Anuradha has been recognized by Chambers and Partners and International Who's Who of Trade and Customs Lawyers as a leading practitioner in her field. She is a member of the International Law Association’s (ILA) Committee on Sustainable Development and Green Economy, the Asia WTO Research Network and the Society for International Economic Law. She is also a member of the Trade Policy Committee of the Confederation of Indian Industries (CII). She also teaches at various training sessions and capacity building programs on trade law and policy, including at the Joint Academy on international trade law and policy conducted by the Centre for WTO Studies in collaboration with the World Trade Institute, Berne. Additionally, Anuradha is an Honorary Professor of Law at the National Law University, Odisha, and teaches at the Visiting faculty for Trade Law at the National Law School of India University, Bengaluru.
GEORGE YORK
Senior Vice President, International Policy - Recording Industry Association of America [Washington, DC]
Mr. York is responsible for trade, digital trade, international intellectual property rights policy, in bilateral, plurilateral and multilateral settings. Prior, George was the Deputy Assistant United States Trade Representative in USTR’s Office of Intellectual Property and Innovation, and covered Europe as well as the World Trade Organization (WTO), the United Nations Framework Convention on Climate Change (UNFCCC), and other multilateral negotiations. George was the lead intellectual property negotiator in the Transatlantic Trade and Investment Partnership (T-TIP) negotiations with the European Union and was the U.S. head of delegation to the WTO Council for Trade- Related Intellectual Property Rights. Also served as a Trade Council for the United States House of Representatives Committee on Ways and Means, responsible for intellectual property, climate change for the TPP negotiations. George was an Associate General Counsel with USTR, serving in both Geneva and Washington, D.C. and was lead U.S. attorney on the WTO China – Market Access dispute concerning market access for U.S. copyright-intensive goods in China, and covered intellectual property and climate change issues.
YOGESH PAI
Assistant Professor, National Law University, Delhi [New Delhi]
Asst. Prof. Yogesh Pai specializes in intellectual property (IP) law and has cross-cutting research interests at the interface of IP with competition, trade and economic policy. He is currently the Co-Director of Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University Delhi. Yogesh is the Thomas Edison Fellow (2017-18) at the George Mason University, Washington D.C. Before joining NLU, Delhi, Yogesh was coordinator of the Ministry of Human Resource Development Chair on IPR at NLU, Jodhpur. He was also the faculty-in-charge of ‘Trade Law and Development’ rated among the top in the international trade worldwide. His international work experience (between 2007 and 2008) involved working with the South Centre, Geneva. He has previously worked with Centad, New Delhi, and also taught as a guest faculty at Indian Law Institute, New Delhi. In the fall of 2012, Yogesh visited the School of Law, University of Washington as the Asian Law Centre short-term Visiting Scholar. Yogesh is on the roster of consultants with the World Trade Organisation for Regional Trade Policy Courses (RTPC) and a Tutor with the WIPO Academy Diistance Learning Programme. He was selected to attend the WIPO-WTO Colloquium for Teachers of Intellectual Property-2012 in Geneva. In 2013, Yogesh was nominated as a legal member in a committee constituted by the Ministry of Health, Government of India, for invoking provisions of compulsory licensing under the Patents Act, 1970, in the context of affordable healthcare. Yogesh was also the member of an expert committee constituted by the Ministry of Commerce to study the need for utility models in India (2013). He was also part of the Committee for Evaluation and Continuation of the Scheme of Promotion of Copyright and IPR Beyond the 12th Five Year Plan (2012- 2017) constituted by the DIPP, Ministry of Commerce.
KABIR DUGGAL, PHD
Senior International Arbitration Advisor, Arnold & Porter [New York]
Dr. Duggal focuses on international investment arbitration, international commercial arbitration and public international law matters, serving both as counsel and arbitrator. Total value of the disputes he has been involved in exceeds 80 billion US dollars. Dr. Duggal's experience includes complex disputes under numerous bilateral/multilateral investment treaties and contracts in South Asia, Latin America, Central Asia, Middle East, Europe, and Africa, and is experienced in international law, common law, and civil law traditions. He acts as Consultant for the United Nations Office of the High Representative for Least Developed Countries, Landlocked Developing Countries and Small Island Developing States (UN-OHRLLS) on the creation of a novel "Investment Support Program". He serves on the Steering Committee of the Investment Support Program. He has conducted training for Governments including Colombia, Saudi Arabia, Myanmar, India, among others. He also serves on the Federal Republic of Somalia's New York Convention Task Force as well as the WTO Negotiating Team (International Board). He is elected to the Executive Committee of the Board of Directors of the California International Arbitration Council, Inc. (CIAC) and also serves on its Academic Council. He also serves on the Advisory Board of the Boston International Arbitration Council (BIAC).
ANIRUDDHA RAJPUT
Consultant, Public International Law and International Arbitration, Wirthers World Wide [London]
Dr. Aniruddha Rajput is a Member of the UN International Law Commission (2017-21). He was the Chairperson of the Drafting Committee for the 69th Session of the ILC in 2017. His areas of expertise are general international law, dispute resolution, boundary disputes, law of the sea, international investment law and international trade law. He has advised governments on proceedings before the International Court of Justice, private clients on proceedings under the Alien Tort Claims Act before the US Courts, and human rights and other public international law litigation in the Supreme Court of India. He was a member of the Study Group Constituted by the Law Commission of India on the 2015 Draft Indian Model BIT and a member of the 5th Haryana State Finance Commission constituted under Article 243 I and Y of the Constitution of India. During 2017, he was a Practitioner-in-Residence at the Berlin Potsdam Research Group International Rule of Law -Rise or Decline- based at the Humboldt University Berlin.
DR. NICOLAS ANGELET Member of the Brussels Bar, an Associate Tenant of Doughty Street Chambers [Brussels]
Nicolas Angelet specialises in public international law, including investment law and investor-state dispute settlement, immunities, the law and governance of international organisations, international law against corruption, human rights, UN and unilateral sanctions, territorial regimes and the law of armed conflicts. Nicolas is professor of international law in the Université Libre de Bruxelles (ULB) and a member of the Brussels Bar. He is a member of the ICSID panel of conciliators (appointed by Belgium) and of the ICSID panel of arbitrators (appointed by Burundi). Nicolas has served as counsel on issues of international law to governments, international organisations, corporations and individuals, before domestic courts in various countries, as well as in international proceedings, including the International Centre for the Settlement of Investment Disputes, the International Court of Justice, arbitration under the aegis of the Permanent Court of Arbitration, the UN Human Rights Committee, subsidiary organs of the UN Security Council and the European Court of Human Rights.
KARTIKEY MAHAJAN
Associate, King and Spalding [London]
Kartikey’s practice focuses on international arbitration matters, complex multi-jurisdictional litigation and white collar investigations. Kartikey has experience in representing clients in ad-hoc and institutional arbitrations (including under ICSID, ICC, LCIA, SIAC, HKIAC, AAA and GAFTA Rules) seated in both common law and civil jurisdictions around the world. Kartikey also advises clients on white collar, fraud and corruption issues, and as well as on internal and regulatory investigations (DOJ, MAS, SFO, CBI and FINMA). He has represented clients United Kingdom, DIFC, India, Singapore, Hong-Kong, Cyprus, and Iraq. Kartikey is qualified to practice in England & Wales, the State of New York and India. His experience spans across private equity, telecom, media, energy and infrastructure industries. He is appointed to the SIAC Users Council, Executive Committee of Asia-Pacific Forum on International Arbitration and has served as the Steering Committee (Singapore) member for the CIArb Young Members Group.
GEORGE POTHAN POOTHICOTE
Consultant, Legal & Treaties Division, Ministry of External Affairs, Government of India [New Delhi]
Mr. Pothan is currently appointed as a Consultant to Legal and Treaties Division, Ministry of External Affairs, Government of India, New Delhi. He has completed his LL.M. from King’s College London in Public International Law with a special focus on International Commercial and Business Laws, including International Commercial and Investment Arbitration. He was a member of the Sub-Committee set up by the Law Commission of India to study the 2015 Model BIT and has contributed to its 260th Report on “Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty”, August 2015.
REKHA RANGACHARI, ESQ.
Executive Director, New York International Arbitration Center [“NYIAC”] [New York]
Founded in 2013, NYIAC is a non-profit organization that promotes and enhances the conduct of international arbitration in New York, offers educational programming, and operates world-class hearing facilities in Midtown Manhattan. Prior to joining NYIAC, Ms. Rangachari was Director of ADR Services for the New York Commercial Division of the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR). Ms. Rangachari also served as Case Counsel for the ICDR, focusing her efforts on the European and Sub-Saharan Africa Regions. Rekha is actively engaged with the arbitration community at the city, state, national, and global levels. At the New York state and city levels, Rekha serves as Member of the New York State Bar Association (NYSBA) Dispute Resolution Section’s Executive Committee, Co-Chair of the International Disputes Resolution Committee, and Member of the NYSBA Planning Committee for the Judith Kaye Moot Court Competition; Member of the NYSBA International Section’s Executive Committee and Co-Chair of the International Contracts and Commercial Law Committee; and Member of the New York City Bar’s Women in the Legal Profession Standing Committee and Affiliate Member of the Arbitration Committee. Rekha is also Board Member of the New York Coalition of Women’s Initiatives and of the Association for Conflict Resolution of Greater New York. At the national level, at the American Society of International Law (ASIL), Rekha is Co-Chair of the Private International Law Interest Group (PILIG), and at the American Bar Association, Rekha is Member of the Executive Committee of the Section of Dispute Resolution. On the global level, Rekha is Member of ArbitralWomen and its Marketing Committee. Rekha also maintains an active connection to academics as Associate Editor of the Juris Investment Arbitration Conference Volumes, Adjunct Professor at Seton Hall Law School, and Peer Review Board Member of the American Review of International Arbitration (ARIA) at Columbia Law School.
LAURA STONE
Deputy Assistant Secretary for India, Bangladesh, Nepal, Sri Lanka, Bhutan, Maldives - Bureau of South and Central Asian Affairs U.S. Department of State [Washington, DC]
Previously, Ms. Stone served as Director of the India, Nepal, Sri Lanka, Bangladesh, Maldives, and Bhutan Affairs Office, Special Advisor to the Undersecretary of State for Economic Growth, and was Acting Deputy Assistant Secretary for China and Mongolia from 2017 to 2019. She has worked as the Director of the Office of Chinese and Mongolian Affairs; Director of the Economic Policy Office in the Bureau of East Asia and Pacific Affairs; and Economic Counselor in Hanoi, Vietnam. She served three tours in Beijing as well as tours in Bangkok, Tokyo, the Public Affairs Bureau, the Pentagon Office of the Secretary of Defense, and the Bureau of Intelligence and Research. Ms. Stone joined the Department of State in 1991 and is a career member of the Senior Foreign Service with the rank of Minister Counselor.
YU ZHI
Professor of Economics at Renmin University of China [Beijing]
Mr. YU is also a Research Associate at China ’s National Development Bank, China Shanghai ) Free Trade Zone Research Center ,and the U.S. Federal Reserve Bank of Dallas .He received his PhD in Finance from Renmin University of China and PhD in Economics from Georgetown University (US).
CLAIRE READE
Senior Counsel, Arnold & Porter Kaye Scholer, LLP [Washington, DC]
Claire Reade has more than three decades of experience handling international trade strategy, negotiations, and litigation. At Arnold & Porter Claire provides strategic counsel on major regulatory and governmental issues in the US and China; guides Chinese companies investing or operating in the US, and advises on trade negotiations, trade litigation, and dispute settlement under the WTO. Ms. Reade spent 8 years at the Office of the United States Trade Representative (USTR), where she served as the Assistant US Trade Representative for China Affairs (2010-2014) and Chief Counsel for China Trade Enforcement (2006- 2010). As Assistant US Trade Representative for China Affairs, Ms. Reade was responsible for managing US trade negotiations with China, developing core strategies, coordinating US interagency efforts, and leading successful efforts to eliminate key trade barriers. In her role as Chief Counsel for China Trade Enforcement, she was responsible for coordinating USTR efforts to ensure that China met its international trade obligations to the US, playing a leading role in nine WTO disputes, as well as the special safeguard action against Chinese tires. Prior to joining USTR, Ms. Reade counseled US and foreign companies, industries, and governments on international market access issues. She also litigated in diverse US agency proceedings, court appeals, and in international dispute settlement fora. Ms. Reade is expert on US trade law investigations, countervailing duty, antidumping, Section 301 and 201 safeguard actions.
WENDY CUTLER
Senior Policy Consultant, Akin, Gump, Straus Hauer and Feld, LLP [Washington, DC]
Ms. Cutler specializes in trade-related issues between the United States and the Asia-Pacific region. Ms. Cutler spent nearly three decades as a diplomat and negotiator in the Office of the USTR. Most recently, she served as acting deputy USTR. Wendy has extensive multilateral trade experience as the U.S. negotiator for the World Trade Organization Financial Services Agreement and several Uruguay Round Agreements. Previously, Wendy was also involved in trade issues at the U.S. Department of Commerce. Ms. Cutler also served as Vice President and Managing Director of the Washington, D.C., office of the Asia Society Policy Institute. In her role, she focuses on strengthening the organization’s presence and outreach, as well as leading initiatives that address challenges related to trade and women’s empowerment in Asia.
GARY HORLICK Gary Horlick Attorney at Law [Washington, DC]
Mr. Horlick is one of the highest-ranked international trade lawyers in the world in the only two rankings, Euromoney/Institutional Investor and Who's Who Legal, and is in the top tier of Chambers. Mr. Horlick has worked in senior positions in the U.S. Senate; Head of Import Administration, U.S. Dept of Commerce, responsible for all U.S. antidumping and countervailing duty cases, Foreign Trade Zones, Special Import Programs, and the negotiation of the U.S.-EU Steel Agreement. He has been Chairman of WTO and Mercosur panels. He has worked on issues involving climate change, textile quotas and monitoring, Generalized System of Preferences, non-market economy status, customs and tariff classification and valuation, export controls, CFIUS and investor-state disputes. Mr. Horlick has served as counsel to private sector and government including U.S., UK, Canada, Mexico, Chile, South Africa, the European Union, Peru, Australia, New Zealand, and others). He teaches international trade law at Yale, Georgetown, Columbia, Barcelona, and Berne Universities.
RENITA BHASKAR
First Counsellor – Head of Trade and Economic Affairs, Delegation of the European Union to India [Brussels]
JAMES J. NEDUMPARA Professor and Head, Centre for Trade and Investment Law [CTIL], Indian Institute of Foreign Trade [IIFT] [New Delhi]
James Nedumpara is Professor and Head of the Centre for International Trade and Investment Law (CTIL) at the Indian Institute of Foreign Trade (IIFT). In this capacity he advises the Government of India on various aspects relating to international trade and investment law. James has several years of experience in the field of international trade and economic law and has worked with leading law firms, corporate firms and also UNCTAD's India programme before joining academia. He was also part of the Indian delegation that appeared in the proceedings on India – Agricultural Products (Avian Influenza dispute) before the WTO Appellate Body. He is currently on leave from Jindal Global Law School where he joined as a founding faculty. James is also an academic supervisor of TradeLab, a global network of legal clinics and practica spearheaded by Professor Joost Pauwelyn that seeks to establish and empower developing countries, SMEs, universities and civil society to build lasting legal capacity in international trade and investment law.