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Centre for Commercial Law Studies

40th Annual Freshfields Arbitration Lecture

The Legacy of NAFTA Chapter II

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The Annual Freshfields Arbitration Lecture took place on Wednesday 12th November, chaired by Professor Julian Lew KC and hosted by Oliver Marsden (partner and Head of International Arbitration at Freshfields).

Pritam Dumbré (Comparative and International Dispute Resolution LLM, 2025) posted a summary of this event on LinkedIn: “Those who live and breathe Dispute Resolution will know why this evening matters as much as it does. For my friends outside of the field - let me put it as this - it is the most anticipated night of the International Arbitration calendar. The School of International Arbitration (QMUL) has, each year for the past four decades, brought the profession together along with Freshfields for a resonating address delivered by outstanding scholars.

During the 40th Freshfields Arbitration Lecture edition, all attention centered on the legacy of Chapter 11 of the North American Free Trade Agreement. The podium for this year’s address went to Meg Kinnear, former Secretary-General of ICSID and Director General of the Trade Law Bureau of Canada (1999–2006), and founder of LKDRC LLC - a scholar whose professional trajectory and expertise needs little introduction. For the next hour, everyone in the Great Hall watched Ms. Kinnear bring her command of investment law and procedure to life, with a special focus on jurisprudence of NAFTA in North America. The chapter in question was laid out in elaborate detail with its merits, pitfalls and possible fortifications to ensure efficient resolution of investor state disputes. Through her observations, it was fascinating to note how the global legal community reshapes an effective instrument to suit its needs, yet upon a closer look traces of its origins still remain unmistakable! For the brilliance and ease of her lecture, and for the knowledge she placed in the hands of a young practitioner like me, I remain ever grateful to Meg Kinnear.


At this point, credit must be given to Professor Julian Lew KC whose vision and sincere efforts to bridge the gap between practice and theory through this initiative has made the Freshfields Annual Lecture a reality and a rather successful one at that. And I must also recognise those in practice who continue to guide us with patience and generosity - Mr. Ben Giaretta CArb FCIArb, Mr. Robert Volterra (Volterra Fietta), Dr. Maria Fanou and Professor Dr. Maxi Scherer - whose support has meant far more than they may realise. To Professor Norah Gallagher, Director of the SIA at QMUL, whose closing address has stayed with me long after the evening itself, thank you for making this opportunity possible and for all your support so far.”

 

 

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