Online Certificate Program in International Investment Arbitration

Fall Session Starts September, 6 2018 
Deadline to Register: August, 30 2018 

Investment Arbitration Program

The Program on International Investment Arbitration focuses on the theoretical and practical knowledge needed to handle international investment arbitral cases either as counsel or arbitrator, both from the substantive and procedural law standpoint.

The syllabus is designed to explore the salient issues arising in the conduct of investment arbitrations, from the notice of arbitration to the enforcement of investment arbitral awards. The program will guide participants through the complex interactions between arbitral awards, national court decisions, national legislation, international arbitration treaties and the arbitral rules of leading international arbitration institutions relevant in this field, such as the ICSID Arbitration Rules.

The course also has a strong substantive component that explores advancements in current arbitral practices including expropriation, fair and equitable treatment, full protection and security, national treatment and most favored nation treatment.

The Program is directed by Claudia Frutos-Peterson, Managing Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP.

Syllabus:

Online Certificate Program in International Investment Arbitration

Module 1
Introduction to International Investment Arbitration

  1. Origins of Investor-State Arbitration
  2. The ICSID Convention of 1965: Origins and Challenges
  3. Bilateral and Multilateral Investment Treaties and Their Impact on Investor-State Arbitration
  4. The Arbitration Rules and the Administration of Investment Arbitrations: ICSID and other Institutions

Module 2
Strategies for the Effective Management of an Investment Arbitration

  1. Session on practical aspects of the Investor’s vision on investment arbitration–
    1. Selecting the Team to Arbitrate
    2. The Role of Local Counsel
    3. Strategic Choices: The Competent Forum, the Selection of Arbitrators, and Other Issues
    4. Dealing with the Costs of Arbitration
    5. Handling the Production of Documents
    6. Organizing the Hearing
  2. Session on Practical Aspects of the State’s Vision on Investment Arbitration
    1. Selecting the Team to Arbitrate
    2. The Role of Local Counsel
    3. Strategic Choices: The Competent Forum, the Selection of the Arbitrators, and Other Issues
    4. Dealing with the Costs of Arbitration
    5. Handling the Production of Documents
    6. Organizing the Hearing
  3. Conduct of the Arbitral Process from the Perspective of an Arbitrator: What Matters.

Module 3
The International Centre for Settlement of Investment Disputes. The Centre: Composition and Functions

  1. The Arbitral Tribunal: Constitution, Powers and Functions of the Arbitral Tribunal
  2. The Arbitral Procedure: Overview
  3. Other Special Features: Applicable Law; Non-Disputing Parties; Transparency; Language of the Procedure; Diplomatic Protection; Exhaustion of Local Remedies; and Expeditious Procedure under ICSID Arbitration Rule 41(5)

Module 4
Jurisdictional and Admissibility Requirements of Investment Arbitration

  1. Jurisdiction ratione temporis: Cooling-Off Periods and Other Preconditions to Arbitration
  2. Jurisdiction ratione personae: The Notion of “Investor” and “Contracting State”
  3. Jurisdiction ratione materiae: The Notion of “Investment”
  4. Jurisdiction ratione voluntatis: The Cornerstone of the Jurisdiction of the Centre

Module 5
Interim Measures of Protection

  1. Overview
  2. Provisional Measures under ICSID Rules vs. UNCITRAL Rules
  3. Emergency Arbitrator Proceedings

Module 6
Fair and Equitable Treatment (“FET”) and Full Protection and Security (FPS)

  1. Fair and Equitable Treatment: Origins and Current Status
  2. Full Protection and Security: Origins and Current Status

Module 7
Expropriation, Non-Discrimination and other Protections

  1. Expropriation: Definition, Elements, and Evolution of Arbitral Practice
  2. The Principle of Non-Discrimination in BITs
  3. National Treatment vs. MFN Treatment

Module 8
Damages and Valuation in Investment Arbitration

  1. Overview
  2. Basic Valuation Concepts (fair market value, sunk costs, etc.) and Methods (DCF etc.) – Case Study
  3. Legal Principles Governing Assessment of Damages Limitations on Compensation Interest
  4. Costs

Module 9
Annulment and Enforcement of Investment Arbitration Awards Remedies and Enforceability under the ICSID Convention:

  1. The Legal Framework under the UNCITRAL Arbitration Rules and the New York Convention of 1958: Annulment and Enforcement of Foreign Arbitral Awards before Municipal Courts
  2. State Immunity and Other Defenses against Enforcement