Foreign investments and international investment treaties and contracts continue to grow worldwide. They lead to a growing number of investor-state disputes and increasing resort to arbitration as a method of dispute resolution. The leading role in investment arbitration is played by the International Centre for Settlement of Investment Disputes (ICSID), established as an autonomous international institution under the auspices of the World Bank with the seat in Washington, D.C. As of June 30, 2013, there were 424 arbitration cases registered by the ICSID under the ICSID Convention and Additional Facility Rules with governments of more than 90 countries involved in investment treaty arbitration.
This course will explore core topics in investment arbitration focusing on arbitration of investor-state disputes under the ICSID rules. Topics to be covered include foreign investments, investor-state disputes, modern system of investor-state arbitration, ICSID and its central role in investment arbitration, bilateral investment treaties (BITs) and multilateral investment treaties (MITs), such as the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), commonly used procedural rules in investment arbitration (ICSID, ICC, UNCITRAL arbitration rules), consent to arbitral jurisdiction, applicable substantive and procedural laws, the course of an investment arbitration, standards of protection provided by investment treaties (such as national treatment, most-favored-nation (MFN) treatment, fair and equitable treatment), expropriation, umbrella clauses, damages and non-pecuniary remedies in investment arbitration, annulment and set aside, and enforcement of arbitral awards.
Students who have previously taken “Introduction to Investor-State Arbitration” are restricted from taking this course.