Investment Treaty Arbitration

Module code: CCDD211

Credits: 30.0
Semester: SEM2

Contact: Mr Remy Gerbay

The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. Foreign investors are much more willing to pursue a claim of, for example, alleged expropriation or discriminatory behaviour by a host State. Further, public international law principles must also be considered once a state is involved. Principles of state responsibility, expropriation and acts tantamount to expropriation, what comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap somewhat uncomfortably with the
commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners are aware of the complex international legal elements involved in the resolution of investment and trade disputes.

The course is divided into three main topics: International Investment Disputes Out-of-Court: Principles and Historical Evolution (2 sessions); ICSID (6 sessions); Bilateral Investment Treaties (3 sessions)

Course content: Introduction: International trade and investment disputes out of court; Regulatory and institutional framework; Basic principles of dispute settlement with reference to trade and investment; Applicable law issues; ICSID; Bilateral Investment Treaties; Enforcement of decisions and awards; Grey zone between substance - procedure / public - private international law; Case studies.

Connected course(s): UDF DATA
Assessment: 60.0% Examination, 40.0% Coursework
Level: 7