International Commercial Arbitration/Investor State Investment Negotiation between Maastricht University + Texas A&M University

On 13 April 2022, a select group of UM students* engaged in a negotiation exercise with law students from Texas A&M University Law School. The case involved a US-based oil company investing in/collaborating with a Mexican state-owned petroleum company managed and operated by the Mexican government. The complex case required the students to negotiate on challenging issues related to the law applicable to the arbitration, the seat of arbitration, waiver of sovereign immunity, application of USMCA, ICSID and New York Convention, and the fair and just way of calculating compensation in the event of expropriate/nationalization just to mention a few issues that they dealt with.

This was an intense crash course for most - if not all of the students - but these wonderful, hardworking (and dare I say, wicked smart) students represented not only their fictional client, but also our faculty and the university unbelievably well. A very special thanks to my co-conspirator, Guillermo Garcia Sanchez at Texas A&M and their fantastic JD students. I am very much looking forward to making this partnership a more routine collaboration!

* Guillaume Libbrecht, Ivona Petkova, Mila Grönros, Natalie Benou, Chloe Nursimhulu, Begum Kilimcioglu, Masa Samardzic, Kriton Papastergiou, Kerolos Gebraiel, and Ludovica Lacasella!

Can the Law Save the World: A Discussion

2022 has been a great year so far in terms of planning fun (and educational) events with friends. The momentum continues with our GLaw-Net & ICGI collaboration event on “Can the Law Save the World: A Discussion”!!

The idea behind the event is to get a group of academics to informally discuss issues ranging from the situation in Ukraine, climate change, social media platforms contributing to teen suicides, how MNCs are falling short of their human rights and sustainability commitments, and what the law is (or is not doing) to help in a relatively informal manner.

We also want this event to serve as a bridge, where we link the academics with non-academics in Maastricht (e.g. UWC students and staff, refugees, seniors in Maastricht, and other groups that do not regularly mingle with the Uni bubble). We want the academics to be able to interact with non-academics in an understandable - and dare I say non-pretentious - manner and for non-academics to ask, poke, and prod the academics to look at things from a non-academic perspective.

Register for the event here!!

Eatly Wins the UM Student Idea Competition (and an Unsolicited Endorsement)!

I had the opportunity to judge the 2022 UM Student Idea Competition, where the two finalists (Precious Plastic Maastricht and Eatly) gave brilliant pitches to seek funding for their projects. This was a great opportunity for the judges to witness UM students and alums doing extremely cool things. Eatly, not only won the competition, but my business. For those living in the Maastricht area and are interested in getting cheaper vegetables delivered, check out Eatly which is a business run by our very own students!!

A Mindblowing International Commercial Arbitration Seminar (If I May Say So Myself)!!

Sticking with the mantra of “work with nice, smart, and motivated people,” I had the absolute pleasure of organizing a seminar on international commercial/investment arbitration with wicked smart friends (Eva Chan, Guillermo J Garcia Sanchez, and Bas Van Zelst). Together with students and staff, we discussed topics including, but not limited to the history of Investor State Dispute Settlement mechanisms, trends against ISDS, UNCITRAL Working Group III’s efforts to reform, the EU proposal for a Multilateral Investment Court, and much much more. I promised the audience a mindblowing seminar at the beginning, and I feel like we were able to deliver on that grand promise. Looking forward to more future collaborations with this group, which is going to be on 13 April as Maastricht University and Texas A&M Law School conduct a joint investor-state investment treaty negotiation exercise. For those interested, sign up here!

Billy Joel, C.S. Lewis & the Proposed EU Directive for Corporate Sustainability Due Diligence

I've had Billy Joel's "We Didn't Start the Fire" stuck in my head for about a week now. Especially the chorus where it goes: "We didn't start the fire. It was always burning, since the world's been turning. We didn't start the fire. No, we didn't light it, but we tried to fight it." It's the last line that gets me. The fact that it’s in the past tense. What a downer. In light of all the crap that's going on in the world and the non-stop doomsday scrolling that I’m doing, my days feel like they are shrouded in worry and angst (it didn't help that my whole family had corona and our son now has chicken pox, but that’s neither here nor there).

I'm not entirely sure what the remedy is for my current malaise, but a text from C.S. Lewis seems somewhat on point (although I am not really a very religious man): "If we are all going to be destroyed by an atomic bomb, let that bomb when it comes find us doing sensible and human things—praying, working, teaching, reading, listening to music, bathing the children, playing tennis, chatting to our friends over a pint and a game of darts—not huddled together like frightened sheep and thinking about bombs. They may break our bodies (a microbe can do that) but they need not dominate our minds."

So even though it is taking me a bit more time and effort to muster the motivation to write something for work (and to try and convince myself that it may actually contribute to something), here is my attempt at doing something sensible and human, even if it is just writing a silly blog about a new proposed law that may (or may not) make the world a slightly better place.

Come Join the Maastricht European Private Law Institute’s Thesis Workshop!!

I’ll be stepping away from MEPLI - which I have been a member of ever since I first became an “academic” back in 2012 - to focus more on other initiatives. So this workshop will be the last event that I will organize as a member of MEPLI and as its Student Intern Coordinator. I’m very happy and grateful that I’ve been able to recruit some of my favorite colleagues for this last hurrah and to be able to match them up with some of our very enthusiastic, hardworking students. Come listen to them share their research and (if you are a student) get tips from the staff on how you can improve your thesis! The topics will range from regulating deepfakes to whistleblower protection within the EU. Don’t forget to register here to get the link!

Maastricht Young Academy Announces the Winning Team for Its Inaugural Interdisciplinary Grant

Through my involvement with the Maastricht Young Academy, I had the pleasure (and the pain) of taking part in designing and implementing the MYA Interdisciplinary Grant initiative, which encourages and supports young UM researchers to collaborate across disciplines to address a societal issue. We recently awarded our inaugural prize to Amir Ebrahimi Fard (FSE) and Giulia Piccillo (SBE) with their proposal to assess the impact of repeated exposure to rumors on one’s belief system. As we noted in our call, 15,000 euros may not help them change the world, but we hope that it will give them the recognition and the support for their idea to continue growing.

The new UM Strategic Program highlights that we are an institution that has a “strong focus on innovative and interdisciplinary education and research” because we believe that in order to address pressing societal issues, researchers need to “build bridges across disciplines” and adopt a more “integrated and interdisciplinary approach” to our research.

While reviewing all the wonderful applications that we received, I observed two things: The first observation is that there are many wonderful researchers here at Maastricht already collaborating on fascinating subjects from those who are mapping human dignity discourses at the European Court of Human Rights to those who are working on creating self-healing polyaspartic coatings for industrial and biomedical applications. Our shared wealth of knowledge and the diversity of our young researchers’ interests not only give credence to the claims made in our Strategic Program, but they no doubt contribute to the UM consistently placing in the Top 10 of the Times Higher Education Ranking for Young Universities.

However - and this leads me to my second observation (and the cause of my pain) - there are still many obstacles that make interdisciplinary collaboration difficult, especially for younger researchers. First, there is a lot of uncertainty involved (e.g. you don’t have the network yet to know who is out there willing to collaborate on a shared topic of interest). Interfaculty collaborations can also entail higher risk (e.g. when your department head wants you to focus on your field-specific research), not to mention that they can be more cumbersome (e.g. a collaboration between the Faculty of Law and the Faculty of Psychology and Neuroscience may require a single project to be approved by the ethics committee of both institutions, where there is no guarantee that these faculty specific assessors really know the intricacies of the “other discipline”, thus forcing an otherwise interdisciplinary project to conform into a more monodisciplinary one).

This is to note that in order to foster interdisciplinary and to promote projects that are truly collaborative, the composition of the assessment committees are vital. Using a personal anecdote, as a lawyer, it was rather difficult for me to understand what a polyaspartic coating was or to comprehend some of the mapping methodology advocated by the data scientists within our pool of applicants. However, what made the review of many of these applications possible, was not only for the composition of the assessment committees to be truly interdisciplinary, but for each of the assessors to be curious and patient enough to see even the assessment phase as a genuine learning opportunity for ourselves.

Luckily, I believe that the UM has a variety of funding institutions that not only advertise interdisciplinarity, but that also employ assessment committees that are truly enthusiastic about collaboration and passionate about learning, including but not limited to SWOL, Studio Europa Maastricht, Diversity & Inclusivity Grants, Learning & Innovation Grant, and many more. So while there is much more work to be done to further manifest the visions laid out in our new strategic program, there are many reasons for optimism and we hope that MYA’s inaugural Interdisciplinary Grant is just the most recent addition.

Seminar on International Commercial Arbitration: Current Issues & Emerging Trends

Next exciting collaboration with wonderful colleagues on a very interesting topic! The expert panel will consist of Eva Chan, Guillermo J Garcia Sanchez, and Bas Van Zelst discussing topics ranging from recent Investor State Dispute Settlement cases, chilling effects of ISDS on domestic regulatory measures, various change of policy in the area of international commercial arbitration, and much more. There is something for everyone so come join us online (register here).

This event is made possible with the wonderful support of GLaw-Net Maastricht!!

Our Expat x Migrant Street Exhibition Colors the City of Maastricht as It Prepares for the 30th Anniversary of the Maastricht Treaty

Photographer Tetsuro Miyazaki and I first met back in September 2020 becase my wife picked up a copy of his wonderful book (Hafu2Hafu) and it turned out that we both lived in Maastricht (our kids even go to the same daycare)! We met up for a cup of coffee, where the chat quickly turned into a discussion about a project Tetsuro was interested in questioning why some people felt the need to differentiate expats from migrants. In partnership with many wonderful colleagues from across the UM, the UM Diversity & Inclusivity Office, and Studio Europa Maastricht, you will now be able to see Tetsuro’s photographs in various bus stops across our beautiful city! We hope you enjoy the street exhibition and that Tetsuro’s photographs will nudge you to reflect on the question of what makes one an expat and/or a migrant and to think about some of the prejudices that we may have.