Thursday, October 23, 2025, 10:00 AM to 2:00 PM

Presented by the Cornell International Arbitration Society and Berger International Law Program
Hosted at Cornell Law School, Myron Taylor Hall, 524 College Ave, Ithaca, NY 14850

Program Agenda

Cornell Law School International Arbitration Society Fall 2025 Colloquium Speaker Biographies

Morning Panel: Sovereigns, Sanctions, and the Future of Investor-State Arbitration

Moderator

Muna B. Ndulo, William Nelson Cromwell Professor of International & Comparative Law; Elizabeth and Arthur Reich Director, Leo and Arvilla Berger International Legal Studies Program

Muna B. Ndulo is an internationally recognized scholar in the fields of constitution making, governance and institution building, international criminal law, African legal systems, human rights, and international law and foreign direct investments. He has published 19 books, 29 book chapters and over 100 articles in academic journals. He is Honorary Professor of Law, Faculty of Law, University of Cape Town, Extraordinary Professor of Law, University of the Free State South Africa, Extraordinary Professor of Law, University of the Western Cape, South Africa, and was formerly Professor of Law and Dean of the School of Law at the University of Zambia. He has been an arbitrator under International Chamber of Commerce (ICC).

Professor Ndulo has served as a Legal Officer in the International Trade Law Branch of the United Nations Commission on International Trade Law (UNCITRAL), Political and Legal Adviser with the United Nations Mission Observer Mission in South Africa (UNOMSA) and to the Special Representative of the United Nations Secretary General to South Africa, Legal Adviser to the United Nations Assistance Mission to EAST Timor (UNAMET), Legal Expert to the United Nations Mission to Kosovo (UNAMIK), and Legal Expert to the United Nations Mission to Afghanistan (UNAMA).

He has acted as consultant to the African Development Bank (ADB), World Bank, Economic Commission for Africa (ECA), United Nations Development Program (UNDP), National Democratic Institute (NDI) United Sates Institute for Peace (USIP) and International Development Law Organization (IDLO).

He has also acted as consultant to the Kenya 2010 Constitutional Process, Zimbabwe Constitutional Process, Somalia, and Sudan. Professor Ndulo is founder of the Southern African Institute for Public Policy and Research (SAIPAR) and member of its Board of Directors. He is also a member of the Board of the African Association of International Law, the Advisory Committee of Human Rights Watch Africa, and he formerly served as Chairperson for Gender Links, a South African NGO.

At Cornell, he also serves at the Director of the Institute for African Development.

Panelist

James Berger (Fordham Law ‘93), Partner, DLA Piper LLP

James Berger is a litigation partner resident in New York and Washington. He focuses his practice on international and sovereign disputes and cross-border enforcement and asset recovery proceedings before US courts and arbitral tribunals. A significant portion of his practice includes the enforcement of arbitral awards and foreign judgments against sovereign and commercial entities in the US and globally. James also has experience in multi-jurisdictional asset recovery proceedings involving allegations of fraud.

James has served as lead counsel in some of the most cutting-edge cross-border cases to be litigated in US trial and appellate courts in recent years. He has considerable experience litigating issues under the Foreign Sovereign Immunities Act, the New York Convention, the Panama Convention, International Centre for Settlement of Investment Disputes (ICSID), the Energy Charter Treaty, the Uniform Foreign Money Judgments Recognition Act, 28 U.S.C. § 1782, and other treaties and statutes that have unique applicability in cross-border disputes. He has considerable experience advising not only foreign investors and parties to cross-border disputes, but also litigation funders, hedge funds and other dispute investors and financial stakeholders who play a critical role in the resolution of large commercial and investor-state disputes.

James was ranked Band 1 for International Arbitration: Enforcement in Chambers & Partners for 2024.

Afternoon Panel: Current Issues in Evidence in International Arbitration

Moderator

Radwa Elsaman, Adjunct Professor of Law and Visiting Scholar

Radwa Elsaman is a professor of law, lawyer, and the rule of law advisor. She focuses mainly on the Middle East and North Africa. In addition to being a Professor of Law at Cairo University in Egypt, she has lectured and conducted academic research at prominent universities throughout the United States and Europe, including, among others, Boston University School of Law, the University of Akron School of Law, the American University’s Kogod Business School, Indiana University Robert H. McKinney School of Law, the Central European University in Budapest, the University of Hamburg Institute of Law and Economics, and the Koc University Law School in Istanbul. Her research and scholarship include business and commercial law, international comparative law, international sustainable development, the rule of law, and gender equality.

Panelists

Juliya Arbisman (College of Law, London), Partner, Reed Smith LLP

Juliya Arbisman has a broad practice, having handled more than 50 cases of an international character, including international arbitration (commercial and treaty), cross-border litigation, and international public law processes (e.g., state immunities, diplomatic and consular law, and recovery of sovereign dissipated assets).

Juliya has acted in international arbitrations under ad hoc and ICSID, LCIA, ICC, SIAC, HKIAC, SCC, ICDR, AAA, IACAC, Swiss Chamber, PCA, and UNCITRAL rules, as well as in arbitration-related injunctions and set-aside claims. She has experience in enforcement of arbitration awards and overseas court judgments. Juliya has worked on some of the largest arbitrations, including the Energy Charter Treaty – particularly in emerging markets and across Africa. Juliya also sits as an arbitrator and is a member of the Chartered Institute of Arbitrators (CIArb).

Juliya has notable experience in the mining and energy sectors, advising various stakeholders on: investment (re)structuring, joint ventures and shareholder issues, directors’ duties, concessions and power purchase agreements, tax and customs, transfer pricing, defective or delayed works, business and human rights and supply chain issues, disclosure and GDPR/data protection issues, and regulatory investigations featuring the company and key individuals. More recently, Juliya has advised public and private entities on navigating the green energy transition with regard to critical minerals. She is a frequent speaker at mining conferences, publishes on sector insights and serves on the board of a London-based mining advisory firm.

Juliya is engaged on strategic mandates arising from Commonwealth jurisdictions in the Caribbean and Africa and has co-counseled on claims at the UK Privy Council arising from Commonwealth jurisdictions. She has appeared in many proceedings before the European Court of Human Rights on cases concerning the protection of the right to life and property, and fair trials, in Russia, Ukraine, Georgia, and Chechnya.

Daniel Reich (Yale Law ‘02), Partner, Paul, Weiss LLP

Daniel Reich, a partner in the Litigation Department, is a member of the International Arbitration Group. Daniel regularly represents clients in a broad range of complex international commercial and treaty arbitrations, including energy, life sciences, and mergers and acquisitions disputes. As Global Arbitration Review has reported, Daniel’s clients consider him a “great legal and strategic adviser” and “creative thinker” with a strong client focus and have praised Daniel for “inspiring great trust” and being “responsive and calm under pressure.”

For over two decades, Daniel has advised states, state-owned entities, corporations and individuals in international arbitration and public international law matters, including numerous commercial and investment treaty disputes; in litigation before U.S. federal and state courts; and in domestic and cross-border investigations by government authorities. He also has extensive experience handling disputes arising from mergers and acquisitions, including valuation and indemnification disputes, and energyrelated disputes involving investment treaties, gas supply agreements, power plant sales and construction contracts. Daniel has argued before arbitration tribunals in numerous jurisdictions around the world.

Daniel has been named to Lawdragon’s “500 Leading Global Litigators” since 2021. He speaks regularly on arbitration-related issues.