Global Network

| Conference on SOCIAL LICENSE AND DISPUTE RESOLUTION IN THE EXTRACTIVE INDUSTRIES, March 27, 2020 | Internship at LawTank | International Business Law Mock Trial Scriptwriting Contest | Mediation Breakfast, May 17, 2019 | Call for Papers for the Mining & Dispute Resolution Conference | Internship at the Swiss Chambers’ Arbitration Institution (SCAI) | Scholarship Fundraiser at Miller Thomson | Internship at SFL (Solutions for Life sciences)
 

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Conference on SOCIAL LICENSE AND DISPUTE RESOLUTION IN THE EXTRACTIVE INDUSTRIES, March 27, 2020

 

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8:30am-9:00am

Registration

9:00am -9:30am

Welcome – Professor Andrea Bonomi (UNIL)

General Introduction – Professor Thomas Cottier (UNIBE)

9:30am-11:00am

Grievance and Redress

Chair: Professor Francesco Maiani (UNIL)

Panel: Georgios Petrochilos (Three Crowns LLP), Joachim Knoll (Lalive) & Professor Krista Nadakavukaren Schefer (SICL)

Panel Introduction: Joachim Knoll (Lalive)

Paper presentations:

  1. Heigh-Ho! Guide to the Initial Rules for the Newly Formed Global Natural Resources Dispute Centre, by Darrell Podowski (Cassels Brock) & Zaid Jivani (Royal Bank of Canada)
  2. Misconduct by Mining Companies – Avenues of Redress in Investment Arbitration (Johannes Hendrik Fahner, University of Amsterdam and AKD Benelux Lawyers)
  3. A License to Mine: Ensuring the Approval of Affected Communities through Operational-Level Grievance Mechanisms (Dr Başak Bağlayan, University of Luxembourg)

Discussion

11:00am-11:30am

Coffee Break

11:30am-1:00pm

Consultation and Social License

Chair: Professor Andreas Ziegler

Panel: Cory Kent (McMillan LLP), Isabelle Fellrath (SwissLegal) & Stéphane Brabant (Herbert Smith)

Panel Introduction: Isabelle Fellrath (SwissLegal)

Paper presentations:

  1. Mining and the Right to Free Prior and Informed Consultation: Challenges to Peruvian Regulation in the light of International Human Rights Law and Investment Arbitration (Clara M López Rodríguez, King’s College London)
  2. Social License to Operate: Gold Mining in Kyrgyzstan (Prof. Kemel Toktomushev, University of Central Asia)
  3. Local project authorizations in Kenya; Does the end justify the means? (Prof. David Wayumba, University of Nairobi)

Discussion

1:00pm-2:30pm

Lunch

2:30pm-3:45pm

Deep Seabed Mining

Chair: Professor Eva Lein (UNIL)

Panel: Paolo Marzolini (Patocchi Marzolini) & Isabelle Fellrath (Swiss Legal)

Panel Introduction: Paolo Marzolini (Patocchi Marzolini)

Paper presentations:

  1. Deep Seabed Mining: The Next Frontier in International Investment Law (Patricia Cruz Trabanino, Jenner & Block)
  2. Protecting Investments in Deep Sea Mining in High Seas – Risks, Regulations, & the Path Ahead (Rana Rajat, Alton & Bird)

Discussion

3:45pm-4:15pm

General Conclusion - Stéphane Brabant (Herbert Smith)

4:15pm

Final Remarks

4:15pm-6:15pm

Cocktail

7:00pm

Fireside Talk with Pan American Silver and Speaker’s Dinner

 

 

To register, please send an e-mail to our Program Manager, Shaheeza Lalani (shaheeza.lalani@unil.ch) with proof of payment of the early bird registration fee of CHF 350 (CHF150 for interns and CHF100 for students) before December 31, 2019.

 

Payment details:

Université de Lausanne - CDCEI 

Quartier Dorigny – Bâtiment Internef, CH - 1015 Lausanne 

Compte n° 710.09.14 

Clearing  767 

Iban : CH56 0076 7000 S071 0091 4 

Swift : BCVLCH2L 

Communication for the Financial Service : CC 2602010200  -  Fds 26020826  -  cpte 4345000  -  OI 196 - LL.M.

 

 

 

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Internship at LawTank

 

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LAWTANK Ltd is a Switzerland based international legal service provider that offers language (translations, interpreting, multilingual minute taking / transcriptions, etc.) as well as legal services (research, contract drafting, securing of evidence, etc.) to public corporations and companies while aiming at simplifying and accelerating complex multilingual, multicultural, cross-jurisdictional legal procedures.

LAWTANK Ltd will regularly take on bilingual LL.M. students from the University of Lausanne on a contractual basis as needs arise. Students will help LAWTANK’s clients to overcome linguistic and legal barriers in various legal systems.

This is an excellent opportunity for our LL.M. students to sharpen their language skills and gain insight into the practice of international and cross-border transactions and litigation.

For more information about LAWTANK Ltd., see https://www.lawtank.ch/en/.

Please note:

* This internship is open exclusively to LL.M. students of the University of Lausanne.

International Business Law Mock Trial Scriptwriting Contest

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WHAT: You can submit an original, unpublished script between 10,000 and 15,000 words with a run time of 1 hour maximum. In order to attract audiences of all ages, the script must include well-known characters (e.g. from fairy tales or epic tales). It must also include private international law issues regarding jurisdiction, applicable law, or recognition and enforcement and follow the British Columbia Supreme Court Civil Rules.

 

WHEN: The competition will be next open for submissions from Oct. 31, 2019-Dec. 1, 2019.

 

WHO: law students and lawyers

 

HOW: While the competition is active, submit by e-mail to llm@unil.ch. A fee of CHF 20.00 for administration purposes is required for each entry.

 

WHAT YOU CAN WIN: The winner will receive a tuition fee waiver for one course offered in the UNIL LL.M. Programme in International Business Law. The script will be published on the Justice Education Society website and may be performed for Law Week 2020 (sponsored by the Canadian Bar Association) at the British Columbia Supreme Court in Vancouver, Canada.

 

WHO IS JUDGING? A team of UNIL professors and Robert Fleming Lawyers will select the winner.

 

WHO WON LAST YEAR? This is the first year of the competition. Last year, our Program Manager’s mock trial script was performed for Law Week 2019.

 

LANGUAGES: You may submit your script in English or French.

 

 

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Mediation Breakfast, May 17, 2019

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The forthcoming United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Mediation Convention”) is being heralded as “good news for businesses”, and the LL.M. Programme in International Law is pleased to host a relevant information session over breakfast with Birgit Sambeth Glasner, Partner and Co-Head of Altenburger’s Dispute Resolution Team.

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Download Birgit Sambeth Glasner's presentation on "Enforcement of Mediation Agreements: The Singapore Convention"

 

When:

FRIDAY May 17, 2019 at 8:30am

Where:

University of Lausanne, Internef Building, Room 431

What:

Birgit Sambeth Glasner, Partner and Co-Head of Altenburger’s Dispute Resolution Team, will explain how the Singapore Mediation Convention will impact the recognition and enforceability of international controversies settled through mediation. As a mediator in complex, international and domestic commercial matters and an acknowledged specialist in questions of strategic dispute resolution, she will explain how the Singapore Convention, modeled roughly on the successful Convention on the Recognition and Enforcement of Foreign Arbitration Awards (the “New York Arbitration Convention”) could make mediated settlement agreements, like arbitration awards, easier to enforce than decisions from courts of other countries.

 

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Call for Papers for the Mining & Dispute Resolution Conference

 

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The theme of the Conference is the intersection of mining, corporate social responsibility and dispute resolution. The Conference will kick off the inaugural year of UNIL’s LL.M. in International Business Law and will take place on 27 March 2020 at The Swiss Institute of Comparative Law (https://www.isdc.ch/) in Lausanne.

 

Description:

 

Transnational advocacy networks and an array of global normative instruments have developed in recent decades and corporations have increasingly adopted policies for various different jurisdictions in response to the pressures of both globalization and localization. Addressing concerns regarding the environmental and social impact of mining remains a key challenge for multinational mining corporations as they juggle diverse legal requirements, varying regulatory governance capacities, local expectations, global norms, and competing interests of advocacy organizations. Failure to establish and maintain good community relations could result in a mining company losing its social license to operate, even where the company possesses a regulatory license to operate, hence the need to adopt compliance measures beyond the minimum in order to meet social expectations.

 

Most mining disputes resolved by way of investor-State arbitration have arisen in the context of extraction of crude petroleum and natural gas, as well as mining of mineral ores and quarrying. In several of these disputes, environmental, social and economic impacts have been discussed, together with investment protection of mining projects implemented by foreign investors.

 

Commercial mining disputes run the gamut from the purely commercial to those that have farther-reaching policy implications for a jurisdiction. While disputes arise frequently around the construction of a pricing mechanism in a drilling or offtake agreement or in the context of EPC contracts, they also arise as a result of environmental and societal impacts. Mining construction is also ripe territory for fraud claims.

 

Like any other major construction dispute, liability caps often motivate claimants to pursue fraud or misrepresentation claims in order to increase damages. In an environment where underground construction companies often must make representations about their ability to complete projects in uncertain geological and hydrological conditions, respondents often raise allegations of recklessness. What proceeds is a dispute over whether statements made to win a contract are supported by complex scientific and technical evidence.

 

Finally, there is perhaps no industry subject to more disputes over the applicability of force majeure than mining. The so-called resource curse or paradox of plenty often means that mines are subject to natural disasters, insurrection and even disease outbreaks.

 

Papers of interest might, therefore, address any one of these areas in the context of commercial or investment arbitration, as well as the following topics: social license, local regulation, NGOs and/ or investment criteria of international funds.

 

The deadline to submit abstracts (maximum 300 words) is June 30, 2019. Successful authors will be notified by September 30, 2019. The deadline for final paper submissions will be January 31, 2020. For any enquiries regarding the conference, please contact Dr Shaheeza Lalani (shaheeza.lalani@unil.ch).

 

Download the PDF

 

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Internship at the Swiss Chambers’ Arbitration Institution (SCAI)

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The Swiss Chambers’ Arbitration Institution (SCAI) was established by the Chambers of Commerce and Industry of Basel, Bern, Geneva, Lausanne, Lucerne, Lugano, Neuchâtel and Zurich as a not-for-profit organization which offers means of dispute resolution based on the Swiss Rules of International Arbitration and the Swiss Rules of Mediation.

Recipient of the GAR Award for the Arbitral Institution that impressed in 2017, SCAI has been attracting attention internationally and continues to build on Switzerland’s long and unique history of dispute resolution through arbitration and mediation.

Students interested in working with the SCAI Secretariat will work on arbitration, mediation, and corporate law matters, closely with the SCAI Executive Director and the Court of Arbitration. They will meet regularly with Members of the Court of Arbitration to discuss rules, case administration, and best practices and, among other tasks, will help organize conferences and draft texts and charts for publications on dispute resolution.

Students specialising in Business Disputes will be given priority for this exclusive internship opportunity.

 

For more information about SCAI, see https://www.swissarbitration.org/About-us

 

Please note:

* 6 months traineeship, starting in September or March, full time

* International students will be considered for this internship and are not required to hold a Swiss BLaw or MLaw

* Applicants must hold a valid Swiss work permit for the complete duration of the traineeship, allowing them to work fulltime.

 

Application criteria:

* Legal English language full proficiency and good knowledge of French (other languages are assets)

* Full proficiency with Microsoft tools (Word, Excel, Outlook, etc) and social media.

 

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Scholarship Fundraiser at Miller Thomson

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The Vancouver Office of Miller Thomson LLP will co-host the launch of the recent publication, Intergenerational Equity (BRILL, 2019), as well as a Scholarship Fundraiser for students of our LL.M. Program, who are eligible for financial support from The Spark of Hope Foundation.

 

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Internship at SFL (Solutions for Life sciences)

 

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SFL (Solutions for Life sciences), a leading consulting company headquartered in Basel that provides integrated service and consulting solutions to the pharmaceutical and medical technology sectors, will take on one of our LL.M. students as an intern for 6 months.

Students interested in working with SFL’s professional multidisciplinary team will get hands-on experience working through the entire lifecycle of health care products with European, Swiss and Global regulations.

Since SFL provides its clients with personalised and customised strategic advice as well as high-quality documents that fit the needs of both large and small companies, the intern will benefit from a well-rounded internship that touches on issues of Legal and Compliance support in the context of Regulatory Affairs, Public Affairs, Medical Affairs, Market Access and Reimbursement, Quality Assurance, Pharmacovigilance, and Supply Chain.

Students specialising in Business Regulation and Business Transactions will be given priority for this exclusive internship opportunity.

 

For more information about SFL, see https://www.sfl-services.com/

 

Please note:

* This internship is open exclusively to LL.M. students of the University of Lausanne

* The internship is meant to cover living expenses in Switzerland

 

Application criteria:

* Strong interest in life sciences

* Good communication skills

* English language proficiency

* A highly motivated and open-minded personality, able to work and learn in an international and dynamic environment

* Able to work independently and efficiently on own responsibility

* Swiss or EU citizen or valid Swiss work permit

 

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