Mark Feldman Professor of Law

“In the 21st century, the structure and decision-making of multinational enterprises are changing in fundamental ways. Key responsibilities are shifting from centralized headquarters to dispersed networks of affiliates; integrated international production systems have emerged; and forms of government influence are becoming more varied and less formal. To keep pace with these rapid changes, international economic law obligations and international dispute settlement procedures must adapt, which raises challenging issues for scholars, practitioners, and policymakers.”


Bio
Courses
Publications
News
Mark Feldman’s scholarship examines the relationship between multinational enterprises and international economic law rights and obligations. Professor Feldman’s articles have been cited in more than 100 publications, including reports by the OECD, UNCTAD, RIETI, the World Economic Forum, the European Parliament, the International Bar Association, and the U.S.-China Economic and Security Review Commission. Professor Feldman has taught more than 1000 postgraduate law students, legal practitioners and government officials at four institutions in Asia (PKU STL, National University of Singapore, PRAIA Academy, and Xi’an Jiaotong University); he also serves on the faculty of the Executive Training on Investment Treaties and Arbitration for Government Officials, held annually at Columbia Law School and organized by the Columbia Center on Sustainable Investment. Professor Feldman frequently presents on international economic law issues, particularly in Asia, including speaking engagements in Beijing, Xi’an, Nanjing, Shenzhen, Hong Kong, Macau, Taipei, Singapore, Kuala Lumpur, Cebu, Manila, Tokyo, Kyoto, and Seoul.
Professor Feldman currently serves as a Global Associate at the National University of Singapore Centre for International Law, as a vice chair of the Institute for Transnational Arbitration (ITA) Academic Council, as a member of the ITA Executive Committee, and as a member of the Editorial Committee of the Yearbook on International Investment Law & Policy (OUP). Professor Feldman previously served as a member of E15 Initiative Task Force on Investment Policy (World Economic Forum/ICTSD) and as Chief of NAFTA/CAFTA-DR Arbitration in the Office of the Legal Adviser at the U.S. Department of State. As Chief, he represented the United States as a Respondent or non-disputing Party in more than a dozen investor-State disputes and provided legal counsel supporting the negotiation of U.S. bilateral investment treaties and investment chapters of free trade agreements (including TPP and U.S.-China BIT negotiations). His government experience also includes service as a law clerk to Judge Eric L. Clay on the U.S. Court of Appeals for the Sixth Circuit and as a Peace Corps Volunteer in Lesotho during South Africa’s transition to democracy. In the private sector, he practiced law for several years at Covington & Burling. He holds a B.A. from the University of Wisconsin, where he was elected to Phi Beta Kappa, and a J.D. from Columbia Law School, where he was a James Kent Scholar, Harlan Fiske Stone Scholar, and recipient of the Parker School Certificate in International and Comparative Law.
Curriculum Vitae
Education:
J.D., Columbia Law School
B.A., University of Wisconsin
E-mail:
mfeldman@stl.pku.edu.cn

Contract Law I & II
International Business Transactions
Treaty Arbitration
Peer-reviewed articles
International Investment Obligations and Industrial Policy: Evolution in Treaty Practice, RTA Exchange (International Centre for Trade and Sustainable Development (ICTSD) and Inter-American Development Bank (IDB)) (2018)
Multinational Enterprises and Investment Treaties,?Yearbook on International Investment Law & Policy?(L. Sachs and L. Johnson, eds.) (Oxford University Press) (2018)
Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, 32 ICSID Rev. 528 (2017) (Oxford University Press) (invited?submission)
China’s Outbound Foreign Direct Investment: The U.S. Experience, 13 Int’l J. Pub. Pol. 304 (2017), Special Issue on The Regulatory Response to China’s State-Owned Enterprise Investment Abroad (P. Drysdale, ed.)(invited submission)
State-owned Enterprises as Claimants in International Investment Arbitration, 31 ICSID Rev. Foreign Investment L.J. 24 (2016) (Oxford University Press) (invited submission)
The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law: Towards a Free Trade Area of the Asia-Pacific (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle), E15 Initiative (Geneva, International Centre for Trade and Sustainable Development and World Economic Forum) (2016) www.e15initiative.org (invited submission)
Setting Limits on Corporate Nationality Planning in Investment Treaty Arbitration, 27 ICSID Rev. Foreign Investment L.J. 281 (2012) (Oxford University Press) (invited submission)
The Standing of State-Owned Entities under Investment Treaties, Yearbook on International Investment Law and Policy 2010/2011 (K. Sauvant, ed., 2012) (Oxford University Press) (invited submission)
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Articles
“One-stop” Commercial Dispute Resolution Services: Implications for International Investment Law,?Handbook of International Investment Law and Policy?(J. Chaisse, L. Choukroune, S. Jusoh, eds.) (forthcoming 2020) (Springer) (invited)
International Arbitration and Transparency,?Cambridge Compendium of International Commercial and Investment Arbitration?(A. Bjorklund, F. Ferrari, S. Kr?ll, eds.) (forthcoming 2020) (Cambridge University Press) (invited)
Investment Arbitration under Mega-Regional Free Trade Agreements: A 21^st Century Model, Paradigm Shift in the Rule Making of International Economic Law (J. Chaisse, H. Gao, C. Lo, eds.) (forthcoming 2017) (Springer)
Denial of Benefits after Plama v. Bulgaria, Building International Investment Law: The First 50 Years of ICSID (M. Kinnear et al., eds. 2015) (Kluwer Law International) (invited submission)
Distinguishing Investors from Exporters under Investment Treaties, Reshaping The Investor-State Dispute Settlement System (J. Kalicki and A. Joubin-Bret, eds., 2015) (BRILL) (invited submission)
Joint Interpretations under a Divided TPP Investment Chapter, China and International Investment Law (W. Shan and J. Su, eds., 2014) (BRILL) (invited submission)
The United States as an International Litigant, Litigating International Law Disputes (N. Klein, ed., 2014) (Cambridge University Press) (invited submission)
NAFTA Chapter 11 at Fifteen: A Few Key Questions Resolved, Fifteen years of NAFTA Chapter 11 Arbitration (E. Gaillard and F. Bachand, eds., 2011) (Juris Publishing) (invited submission)
Mexico’s Caución Bursátil: Compliance with NAFTA and Enforcement Abroad,?5 L. & Bus. Rev. Am. 440 (1999)
Book reviews
Karl Sauvant and Federico Ortino, Improving the International Law and Policy Regime: Options for the Future, 2 Peking University Transn’l L. R. 519 (2014)
The Effect of Treaties on Foreign Direct Investment (K. Sauvant and L. Sachs, eds.), 24 ICSID Rev. Foreign Investment L.J. 296 (2009)
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Essays
Responding to Incorrect ISDS Decision-Making: Policy Options,?EJIL: Talk!?(April 5, 2019) (invited)
China’s Belt and Road Investment Governance: Building a Hybrid Model,?Columbia FDI Perspectives, No. 244 (January 28, 2019) (invited) (peer-reviewed)
Industrial Policy Measures and Sustainability in International Investment Agreements, RTA Exchange?(International Centre for Trade and Sustainable Development) (September 2018) (invited)
Belt and Road Dispute Settlement and Transnational Governance, Asia Dialogue, University of Nottingham Asia Research Institute (July 2018) (invited)
Mega-Regional Investment Arbitration, Kluwer Arbitration Blog (December 2016) (invited)
The Pacific Rim as a Platform for International Investment Law Harmonization, Columbia FDI Perspectives, No. 178 (July 18, 2016) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited submission) (peer-reviewed)?????????????????????????????????????????
La Cuenca del Pacifico y la Armonización del Derecho Internacional Sobre Inversiones, Puentes Vol. 17 No. 4 (July 7, 2016) (International Centre for Trade and Sustainable Development) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited submission)
The Emerging Harmonization of the International Investment Law Regime, Kluwer Arbitration Blog (July 2015) (invited submission)
Joint Interpretations, a TPP Investment Chapter, and Australia, Kluwer Arbitration Blog (August 2013) (invited submission)
The Standing of State-Controlled Entities under the ICSID Convention: Two Key Considerations, Columbia FDI Perspectives (2012) (K. Sauvant and J. Reimer, eds.) (invited submission) (peer-reviewed)
PRESENTATIONS
China and Transnational Soft Law, The Use of Soft Law by National Courts and Public Authorities: An EU-China Comparison, Peking University School of Transnational Law, Shenzhen, China (November 2019)
Belt and Road Dispute Settlement: Opportunities for Connectivity, Pearl River Delta Academy of International Trade and Investment Law, Macau (November 2019)
Evidence and Facts: Perspectives from Law?(moderator), The Second International Conference on Facts and Evidence, China University of Political Science and Law/Peking University School of Transnational Law, Shenzhen, China (November 2019)
Connectivity in a Decoupling World, Chinese Academy of Social Sciences (CASS) Forum, Beijing, China (October 2019)
SOE Claims in Investment Arbitration, State Enterprises in Investment Disputes, Fangda Partners, Hong Kong (September 2019)
Mega-regional Investment Arbitration: A Pacific Rim Consensus, Multilateral Reform of Investor-State Dispute Resolution: A Dialogue Among Different Approaches, Silk Road Institute for International and Comparative Law, Xi’an Jiaotong University, Xi’an, China (September 2019)
Executive Training on Investment Treaties and Arbitration for Government Officials?(Sessions on “Investor” and “Investment”), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (June 2019)
A Belt and Road Dispute Settlement Regime, U.S. Department of State, Washington, DC (June 2019)
Investment Arbitration Reform: UNCITRAL Working Group III and the Academic Forum on ISDS?(joint presentation with Chi Manjiao), Peking University STL, Shenzhen, China (May 2019)
Situating the China International Commercial Court, Hong Kong University School of Professional and Continuing Education, “One Belt, One Road, Many Laws” Experts Talk Series, Hong Kong (May 2019)
Generation STL, Peking University STL Alumni Weekend, Shenzhen, China (April 2019)
Mediation Developments in the Context of Civil Justice Reforms?(moderator), Advances in Comparative ADR: Research into Practice (Hong Kong University Faculty of Law), Hong Kong (March 2019)
Singapore International Arbitration Academy (National University of Singapore Centre for International Law), Singapore (sessions on substantive investment obligations) (February 2019)
Reforming International Investment Arbitration (ISDS Academic Forum (University of Geneva) and PluriCourts Centre for Excellence (University of Oslo)), Oslo, Norway (presented working group paper on “incorrectness” of ISDS decisions) (February 2019)
China’s Belt & Road: Impressive Scale and Unprecedented Risk?(moderator), Schiefelbein Global Dispute Resolution Conference, Arizona State University, Phoenix, Arizona (January 2019)
ASEAN-Australia-New Zealand Free Trade Agreement Economic Cooperation Work Programme,?Regional Forum on Investment Disputes, Resolution and Prevention, Manila, Philippines (sessions on dispute prevention and management, developments in treaty practice) (November 2018)
A Belt and Road Dispute Settlement Regime, Pearl River Delta Academy of International Trade and Investment Law, Macau (November 2018)
The New York Convention and International Dispute Resolution, China Arbitration Summit 2018 (Supreme People’s Court, UNCITRAL, CCPIT, CIETAC), Beijing, China (September 2018)
The Enforcement of Arbitral Awards – The New York Convention, International Chamber of Commerce/Shenzhen Court of International Arbitration/Moot Alumni Association, International Arbitration Training for Elite Young Lawyers of Guangdong Province, Shenzhen, China (August 2018)
Recent IIAs Incorporating General Exceptions Provisions: Key Considerations, Seoul National University Asia-Pacific Law Institute/Korean Commercial Arbitration Board International, Seminar on Investor-State Dispute Settlement, Seoul, Korea (August 2018)
Executive Training on Investment Treaties and Arbitration for Government Officials (multiple sessions), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (July 2018)
Is International Arbitration in China Impartial? (moderator), Shenzhen Court of International Arbitration Panel Discussion, New York, New York (June 2018)
International Investment Obligations and Industrial Policy: Evolution in Treaty Practice, Ongoing Evolution of Investment Policymaking in RTAs and IIAs, International Centre for Trade and Sustainable Development/Inter-American Development Bank, Geneva, Switzerland (June 2018)
Asian Trends in Special Economic Zones?(chair), Asia FDI Forum IV (CUHK Faculty of Law, Columbia Center on Sustainable Investment), Hong Kong (March 2018)
China’s Belt and Road Initiative and Investment Treaties, Pearl River Delta Academy of International Trade and Investment Law, Macau (November 2017)
Mega-Regional Free Trade Agreements: Asia as 21^st Century Rule-Maker, Bar Council Malaysia, Kuala Lumpur, Malaysia (October 2017)
U.S. Investment Treaty Policy and the Trump Administration, 30^th LAWASIA Conference, Tokyo, Japan (September 2017)
The Second Rebalancing of the International Investment Law Regime, Uryu & Itoga, Tokyo, Japan (September 2017)
Executive Training on Investment Treaties and Arbitration for Government Officials (Sessions on “Investor” and “Investment”), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (July 2017)
The Latest Developments in Investment Arbitration (moderator); Investment Arbitration and Applicable Rules (commentator), The 7^th South China In-House Counsel Forum, Belt & Road: Chinese Companies and Investment Arbitration (Shenzhen Court of International Arbitration, Authority of Qianhai-Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen), Shenzhen, China (June 2017)?
From Investor-State Arbitration to a Permanent Investment Court? Procedural Issues?(chair), Asia FDI Forum III (CUHK?Faculty of Law, CFRED, Tsinghua Law School, Columbia Center on Sustainable Investment), Hong Kong (May 2017)
Belt and Road Dispute Resolution: Opportunities for Harmonization and Clarification, The BRI and Dispute Resolution: Focusing on UNIDROIT Principles, International Arbitration, and Judicial Adjudication (UIBE Law School, UNIDROIT, CIETAC), Beijing, China (March 2017)
A Belt and Road Opportunity for China’s Investment Treaty Program, The Regulation of Energy Investments Along the “Belt and Road” (Chinese University of Hong Kong, KAS Regional Energy Security and Climate Change Project, Energy Charter Secretariat), Hong Kong (February 2017)
Multinational Enterprises and Investment Treaties, Works-in-Progress Workshop (Institute for Transnational Arbitration Academic Council), Washington, DC (January 2017)
Balancing Investment Promotion and Consumer Protection in China: Three Models to Consider, Consumer Policy in China: New Trends and Challenges (University of Macau Faculty of Law), Macau (December 2016)
A U.S.-China BIT: A New Chapter for Investment Liberalization, Asia FDI Forum II, China’s Three-Prong Investment Strategy: Bilateral, Regional, and Global Tracks, (Chinese University of Hong Kong, Columbia Center for Sustainable Development, World Economic Forum), Hong Kong (November 2016)
Investment Arbitration: Policy Divergence, Prospects for Harmonization, and Implications for the Developing World, ISDS Seminar 2016 (Seoul National University School of Law/Seoul International Dispute Resolution Center/Korean Commercial Arbitration Board), Seoul, Korea (October 2016)
Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, Asian Regional Conference on Recent Trends in Dispute Resolution: Mechanisms and Processes (Faculty of Law, University of Macau), Macau (September 2016)
Investment Arbitration under Mega-Regional Free Trade Agreements: A 21^st Century Model, 2016 Taipei International Conference on Arbitration and Mediation (Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy), Taipei, Taiwan (August 2016)
Towards Investment Harmonization in the Asia Pacific, Investment in an Era of Mega-Regionals, (World Economic Forum/International Centre for Trade and Sustainable Development/Japan External Trade Organization/Research Institute of Economy, Trade, and Industry), Tokyo, Japan (July 2016)
Investment Treaty Arbitration: Distinctive Characteristics, Shenzhen Court of International Arbitration, Shenzhen, China (June 2016)
“Mega-regional” Free Trade Agreements and 21^st Century Investment Policy, Policy Dialogue on Facilitating Global Investment through Policy Cooperation and Coordination, E15 Initiative (World Economic Forum/International Centre for Trade and Sustainable Development), Geneva, Switzerland (May 2016)
Investment Arbitration under Plurilateral Trade Agreements: The TPP as a 21^st Century Model, The Trans-Pacific Partnership (TPP): A Paradigm Shift in International Trade Regulation? (Chinese University of Hong Kong and Asia WTO Research Network), Hong Kong (May 2016)
Investment Policy Options for G20 Collaboration, Workshop on Key Policy Options for the G20 to Support Robust International Trade and Investment (International Centre for Trade and Sustainable Development and Institute of World Economics and Politics, Chinese Academy of Social Sciences), Nanjing, China (April 2016)
Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, National University of Singapore Centre for International Law Investment Treaty Appellate Mechanism Research Project Workshop, Singapore (April 2016)
State-owned Enterprises as Claimants in International Investment Arbitration, ICSID at 50: The Evolution of International Investment Treaties and Dispute Resolution (International Centre for Settlement of Investment Disputes /Xi’an Jiaotong University), Xi’an, China (November 2015)
A Pacific Rim Platform for International Investment Law Harmonization, Asia FDI Forum (CUHK Faculty of Law, Columbia Center for Sustainable Investment, Oxfam Hong Kong), Chinese University of Hong Kong (November 2015)
Appellate Mechanism Options: Consistency, Accuracy, Balance of Power, 4^th Asia Pacific ADR Conference (UNCITRAL/Ministry of Justice of Korea/Korea Commercial Arbitration Board/International Chamber of Commerce), Seoul, Korea (November 2015)
Environmental Regulation, Sustainable Development, and NAFTA, Sustainable Development and International Law, Chinese University of Hong Kong (October 2015)
Investment Law Harmonization in the Pacific Rim Region, APEC Investment Experts’ Group, Cebu, Philippines (August 2015).
New Regionalism and South-South Trade, HK Summit 2015 (ICCA/HKIAC), Hong Kong (May 2015)
SOE Protections and Disciplines, HKIAC ADR in Asia Conference, Hong Kong (Oct. 2014)
China’s Outbound FDI: The U.S. Experience, Australian National University Forum on SOE Investment, Sydney, Australia (Aug. 2014)
International Arbitration – A Regional Journey, ICC Asia-Pacific Conference, Seoul, Korea (May 2014) (moderator)
China – Inside and Out, ABA Section of International Law/Beijing Foreign Studies University, Beijing, China (September 2013)
Offensive and Defensive Interests in China’s Investment Treaty Practice, China-Africa Investment Treaties and Dispute Settlement, American Society of International Law Annual Meeting, Washington, DC (April 2013)
Joint Interpretations under a Divided TPP Investment Chapter, New Developments in Arbitration Against Sovereigns, Georgetown Law School, Washington, DC (April 2013)
Particularity and Clarity in BITs, Can Investment Treaty Arbitration Be Improved?, Singapore International Investment Arbitration Conference, Centre for International Law, National University of Singapore (December 2012)
Corporate Nationality Planning in Investment Treaty Arbitration, Kyoto University Faculty of Law, Kyoto, Japan (October 2012)
Distinctive Characteristics of Investor-State Arbitration under NAFTA Chapter 11, Investment Treaty Arbitration: Problems and Perspective, Uryu & Itoga, Tokyo, Japan (October 2012)
Dispute Settlement under a TPP Investment Chapter: Some Preliminary Thoughts, China and ICSID Workshop/Roundtable, Xi’an Jiaotong University School of Law, Xi’an, China (June 2012)
Looking to the Future: Treatment of Investment under Trade and Investment Treaties,
Colombia Arbitration Workshop, Bogotá Chamber of Commerce, Bogotá, Colombia?(August 2010)
Impact of Tribunal Interpretations on Treaty Drafting, UNCTAD/APEC/USAID Workshop on Dispute Prevention and Preparedness, Washington, DC (July 2010)
Arbitration with States and State Entities under Contracts and Treaties, ICC Young Arbitrators Forum, Washington, DC (July 2010)
U.S. International Investment Policy 2010 and Beyond, D.C. Bar International Law Section/International Investment & Finance Committee, Washington DC (April 2010)
Experiences of Stakeholders in Investment Arbitration and Dispute Resolution,
Washington & Lee/UNCTAD Joint Symposium on International Investment and ADR,?Lexington, VA (March 2010)
States and State-Controlled Entities as Claimants in International Investment Arbitration,
Vale Columbia Center on Sustainable International Investment, Columbia Law School, New York, NY (March 2010)
What Does the Future Hold For International Arbitration? ?Professor Thomas W?lde Memorial Symposium, Centre for Energy, Petroleum, and Mineral Law and Policy, University of Dundee,
St. Andrews, Scotland (October 2009)
NAFTA Defenses and Process, International Law Institute, Washington DC (October 2009)
The States’ Perspectives, 15 Years of NAFTA Chapter 11 Arbitration, McGill University/International Arbitration Institute, Montreal, Canada (September 2009)
Investment Disputes and Resolution Mechanisms, U.S. Global Investment Policy, Foreign Service Institute, U.S. Department of State, Washington DC (July 2009)
Arbitrators and Issue Conflict – Treading a Tightrope of Legitimacy? Juris Conferences, Second Annual Investment Treaty Arbitration Conference, Washington DC (April 2008)
Defenses Available to States in Investor-State Arbitration, International Law Institute,?Washington DC (June 2007)
PEER REVIEW
The Chinese Journal of Comparative Law, Asian Journal of International Law, Columbia FDI Perspectives, European Law Journal, Asia Pacific Law Review, Yearbook on International Investment Law & Policy, Journal of World Energy Law & Business, European Investment Law and Arbitration Review, Journal of World Investment & Trade, The Pacific Review, Leiden Journal of International Law, Melbourne Journal of International Law, Washington International Law Journal, Oxford University Press, Cambridge University Press, OECD Secretariat, International Centre for Trade and Sustainable Development, Inter-American Development Bank, The Chinese University of Hong Kong Faculty of Law, McGill University Faculty of Law, Journal of International Economic Law.
Professor Feldman Participates in the 2018 China Arbitration Summit
Institute for Transnational Arbitration Academic Council Appoints Professor Feldman Vice Chair
Geneva Center Appoints Professor Feldman to Panel on Investor-State Dispute Settlement
Professor Feldman and Director Aycock Present to Malaysian Bar
Professor Feldman Speaks at ISDS Seminar in Seoul
Professor Feldman Invited Expert at G20 International Trade and Investment Workshop in Nanjing
Professor Mark Feldman Appointed to High-Level Task Force
STL Hosts STL/Kyoto University Joint Student Seminar in International Law
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Professor Feldman Publishes Invited Chapter in World Bank Book Commemorating 50th Anniversary of ICSID