Asian Institute of International Financial Law (AIIFL), HKU

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Meet the Team

[CPD] International Investment Law and Procedural Fairness in Cross Border Arbitration

East Asian International Economic Law and Policy (EAIEL) Programme | Professional Services Advancement Support Scheme | Government-funded Programme

Date & Time Thursday, 15 October 2026 10:00 am-1:00 pm (HKT)
Duration 3:00
Location Cheng Yu Tung Tower, The University of Hong Kong
Reg. closes 14 Oct 2026, 10:00 am
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Procedural fairness is a cornerstone of any international arbitration procedure. Yet, it operates through markedly different legal frameworks when it comes to investment arbitration and commercial arbitration. ICSID arbitration operates within a self-contained system. As ICSID awards are insulated from review by domestic courts, procedural fairness is safeguarded through the Convention’s annulment mechanism, particularly Article 52(1)(d), which permits annulment for a serious departure from a fundamental rule of procedure. In commercial arbitration, however, procedural fairness is primarily assessed by national courts at the enforcement or set-aside stage. Under Article V(1)(b) of the New York Convention, recognition or enforcement may be refused where a party was not given proper notice or was otherwise unable to present its case. Drawing on leading ICSID annulment decisions and comparing them with the standards applied in commercial arbitration, this lecture examines the common principles that underpin procedural fairness while highlighting the different institutional mechanisms through which those principles are protected.

About the Speaker

Professor Ana Coimbra Trigo

Advocate, arbitrator and academic based in Lisbon Portugal

Ana Coimbra Trigo is an advocate, arbitrator and academic based in Lisbon Portugal. She is a Guest Professor at NOVA School of Law, where she obtained her PhD, and a Senior Associate in the Dispute Resolution practice at PLMJ Law Firm. Ana has over 10 years experience in commercial and investment arbitration and litigation. Besides publishing and speaking regularly in the field, she serves as Macau’s member of the International Court of Arbitration of the International Chamber of Commerce (ICC), academic tutor for the CIArb’s Global Diploma, Deputy Director of the Revista Internacional de Arbitragem e Conciliação (RIAC) and a member of the Sub40 Committee of the Portuguese Arbitration Association.

Chair

Professor Shahla Ali

Professor, Faculty of Law, The University of Hong Kong

Acknowledgment of Support: This material / event is funded by the Professional Services Advancement
Support Scheme of the Government of the Hong Kong Special Administrative Region.

Disclaimer: Any opinions, findings, conclusions or recommendations expressed in this material/any event organised under this project do not reflect the views of the Government of the Hong Kong Special Administrative Region or the Vetting Committee of the Professional Services Advancement Support Scheme.