Bilateral Investment Treaty Arbitration (LAW-972-001)
Lindsay Gastrell, Caroline Richard, Nigel Blackaby
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The objective of the course is to introduce students to the law and practice of international investment law and investment treaty arbitration. The course is divided into four modules. The first module provides an overview of investment treaty law, including the principal instruments and institutions, the history and policy of investment treaties, and the resolution of investment disputes through arbitration. The second module examines the jurisdictional and admissibility issues that arise in investment treaty disputes. The third considers the primary substantive standards that may apply to investors and investments under bilateral and multilateral investment treaties (including fair and equitable treatment, expropriation, national treatment, most-favored-nation treatment, and “umbrella clauses”). The fourth module explores practical aspects of investment treaty law, such as the review and enforcement of arbitration awards. The final class will address current issues relating to the criticisms of the investment treaty arbitration system. While there are no formal prerequisites for the course, a basic knowledge of International Law and/or International Arbitration is recommended. The final grade will be based on class participation (20%), including a mock arbitration, and a final examination (80%), which will be an open book, take-home essay exam designed to be completed within 24 hours.
Textbooks and Other Materials
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There is no textbook assigned for this course. Students will be provided with readings for each class through the MyAU course page.
First Class Readings
Will be posted.
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