Curtis Hosts Paris Arbitration Week Panel: 'Getting Causation Right in Investment Disputes'

Click here to register.

On Thursday, March 26, at 11am ET /4pm CET, Curtis will be hosting a panel as part of Paris Arbitration Week 2026.

The panel is titled 'Affaires d’États Vol. 5: Getting Causation Right in Investment Disputes' and will examine how causation intersects with questions of liability and quantum in ISDS. The discussion will explore how causation has been dealt with in practice, touching upon the question of burden of proof and the evolving theories of loss advanced by claimants, such as loss of opportunity. The panel will further discuss how a failure by the arbitral tribunal to properly address causation impacts post-award remedies.

Causation remains one of the most overlooked yet most consequential issues in investor-State dispute resolution (ISDS). It is often the case that investors will advance damage claims with little or no consideration of whether the alleged damages were actually caused by the alleged breach. In far too many cases, tribunals end up upholding those claims and awarding damages simply because they found a breach, without properly analyzing causation. Failure to adequately consider this issue can lead to inflated or unsubstantiated damage claims. It is therefore essential for States to factor into their defenses a rigorous analysis of causation.

The panel discussion will be followed by an open Zoom room, giving attendees the opportunity to connect directly with the speakers and continue the conversation in a more informal setting.

Panelists:

• Sylvie Tabet, General Counsel, Trade Law Bureau, Government of Canada

• Ali Ssekatawa, Director, Legal and Corporate Affairs, Petroleum Authority of Uganda

• Paul Key KC, Barrister, Essex Court Chambers

• Juan Carlos Boué, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP

Moderator:

• Irene Petrelli, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP

This event is free of charge, you can click here to register.