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BIT Arbitration (LAW-972-001)
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The objective of the course is to introduce students to international investment law and investment treaty arbitration. The course will address the following topics: a brief overview of the history and policy underlying investment treaty law, as well as a familiarization with the principal instruments and institutions; jurisdictional and admissibility issues that arise in investment treaty disputes; examination of the primary substantive principles and standards which serve to protect qualifying investors and investments under bilateral and multilateral investment treaties, such as fair and equitable treatment, expropriation, national treatment, most-favored-nation treatment, and “umbrella clauses”; procedural aspects of the proceedings, the review and enforcement of awards as well as wider issues relating to the criticisms of the investment treaty arbitration system.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check here to determine if books are currently available for purchase at the AU Campus Store.
Rudolf Dolzer and Christoph Schreuer, Principles of International Investment Law (2008)
First Class Readings
Rudolf Dolzer & Christoph Schreuer, Principles of International Investment Law (2008), p. 1-27
U.S.-Argentina BIT (1994), available online at http://tcc.export.gov/Trade_Agreements/All_Trade_Agreements/exp_000897.asp
U.S. Model BIT (2004), in Dolzer & Schreuer, pp. 385-419
U.S. Model BIT (2012), available online at http://www.ustr.gov/sites/default/files/BIT%20text%20for%20ACIEP%20Meeting.pdf
The syllabus is available in the following format(s):