This lecture series on arbitration commemorates the life and work of John E.C. Brierley, who was Professor and Dean of Law at McGill. Brierley was a prominent figure in the discipline of comparative law internationally and the leading Canadian expert on arbitration.
The annual lecture is presented by McGill Law and its Research Team on Private Justice and the Rule of Law, with the participation of the Canadian Bar Association (Québec branch). The lecture is made possible by the John E. C. Brierley Memorial Lecture Fund established by L. Yves Fortier and the sponsorship of Woods LLP.
2 October 2019
Meg Kinnear: Continuity and Change in the ICSID System: Challenges and Opportunities in the Search for Consensus
This year, the McGill Private Justice and the Rule of Law Research Group had the honour of welcoming Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes (ICSID), to deliver the 2019 edition of the John E.C. Brierley Memorial Lecture.
Following an introduction by Prof. Fabien Gélinas and a presentation of the speaker by Prof. Andrea K. Bjorklund, Meg Kinnear delivered the 2019 Brierley Lecture on Continuity and Change in the ICSID System: Challenges and Opportunities in the Search for Consensus. Displaying the rare ability to tackle questions from the perspectives of states, investors, arbitrators and arbitration institutions, Ms. Kinnear addressed many aspects of the international investment arbitration regime. Having drawn up a rich picture of the evolution of ICSID arbitration, Ms. Kinnear addressed key questions being discussed in the field of investment arbitration, including the question of third party funding, and the amendment of the ICSID rules.
After a discussion with the audience, Me James A. Woods delivered the closing remarks and the Lecture was followed by a cocktail generously sponsored by Woods LLP.
Watch her conference
The Private Justice and the Rule of Law research team, with the support of the John E.C. Brierley Memorial Lecture Fund established by Yves Fortier, and the L. Yves Fortier Chair welcomed Professor Lucy Reed, Director of the Centre for International Law at the National University of Singapore. In her conference, Professor Reed examined the growing role of some international judicial institutions of dispute settlement and describe their evolution. The event was followed by a reception in the Foyer of Old Chancellor Day Hall, generously offered by Woods LLP.
Watch her conference:
22 November 2016
Susan Franck, International Arbitration: Between Myth and Reality
Professor Susan D. Franck, of the Washington College of Law, delivered the 2016 Brierley Memorial Lecture at McGill University. The lecture exposed the common but flawed accounts of international arbitration based on anecdotes and myths, and challenged the audience to face reality by paying more attention to facts.
Emphasizing the importance of empirical research and evidence-based policy, she chastised all of those responsible for the “post-truth” accounts of investment arbitration that have dominated the media. Professor Franck also discussed some of the cognitive decisional impairment factors that can affect outcomes and valuations in international arbitration. The event was followed by a cocktail reception generously sponsored by Woods LLP.
29 September 2014
Dominique Hascher, Les perspectives françaises sur le contrôle de la sentence internationale ou étrangère.
On September 29, 2014, Dominique Hascher, Judge of the Supreme Judicial Court of France and Adjunct Professor of Law at University of Paris Panthéon-Sorbonne, delivered a Brierley lecture titled Les perspectives françaises sur le contrôle de la sentence internationale ou étrangère. His presentation can be heard online (View Webcast) or download its as a file (MP3; WMV; MP4)
3 December 2013
Gary Born,The Law Applicable to International Arbitration Agreements: Past, Present and Future
In December 2013, attorney and noted arbitrator Gary Born, International Arbitration Practice, WilmerHale LLP in London, delivered a talk titled "The Law Applicable to International Arbitration: Agreements Past, Present and Future". You can listen to his presentation as a Webcast, an MP3, a WMV, or an MP4, or read the summary.
27 September 2012
George Berman, The ‘Arbitrability’ Trap
George Bermann, Jean Monnet Professor of EU Law and Walter Gellhorn Professor of Law at Columbia Law School, gave the 2012 Brierley Memorial Lecture, titled “The ‘Arbitrability’ Trap.” Read more about his lecture in Law Focus online, October 2012. You can also listen to his lecture as a Webcast, an MP3, a WMV, or an MP4.
6 October 2011
Alain Prujiner, L’arbitre et le droit
International Law expert Alain Prujiner, a Full Professor at the Faculty of Law of Université Laval, gave the 2011 lecture on L’arbitre et le droit [.pdf]
24 September 2009
Emmanuel Gaillard, L’ordre juridique arbitral: réalité, spécificité et utilité
Emmanuel Gaillard, Professor - Université de Paris XII; Chairman - International Arbitration Institute (IAI); Head of the international arbitration practice - Shearman & Sterling, L’ordre juridique arbitral: réalité, spécificité et utilité [.pdf].
28 May 2008
Jan Paulsson, International Arbitration is Not Arbitration
Jan Paulsson, President - London Court of Arbitration (LCIA) & President - World Bank Administrative Tribunal, spoke about how International Arbitration is Not Arbitration [.pdf].
30 March 2005
Andreas F. Lowenfeld, Public Policy and Private Arbitrators: Who Elected Us and What Are We Supposed to Do?
Andreas F. Lowenfeld, one of the world's most highly respected authorities in both public and private international law, holds the Herbert and Rose Rubin Professorship of International Law at New York University School of Law. His presentation was titled Public Policy and Private Arbitrators: Who Elected Us and What Are We Supposed to Do? [.pdf]
20 March 2003
L. Yves Fortier, Caveat Investor! Investor Protection Under Investment Treaties
Renowned arbitrator and Chairman Emeritus of Ogilvy Renault, L. Yves Fortier gave the inaugural Brierley Memorial Lecture. His presentation was titled Caveat Investor! Investor Protection Under Investment Treaties [.pdf].