BIT Arbitration (LAW-972-001)
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We warmly welcome you to Investment Treaty Arbitration. As you will see, this specialized area of international law is fascinating on many levels – historical, substantive, procedural and political.
The objective of the course is to introduce you 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. In addition, the final class will address current issues relating to the criticisms of the investment treaty arbitration system.
While there are no formal prerequisites, 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
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 to determine if books are currently available for purchase online.
No textbook or casebook is assigned for this class.
However, for a general overview of investment law issues, see Rudolf Dolzer and Christoph Schreuer, PRINCIPLES OF INTERNATIONAL INVESTMENT LAW (Oxford University Press, 2nd edition, 2012); Jeswald W. Salacuse, THE LAW OF INVESTMENT TREATIES (Oxford University Press, 2nd edition, 2015); and Campbell McLachlan, Lawrence Shore and Matthew Weiniger, INTERNATIONAL INVESTMENT ARBITRATION: SUBSTANTIVE PRINCIPLES (Oxford University Press, 2nd edition, 2017).
For further reading on ICSID matters, refer to Christoph Schreuer with Loretta Malintoppi, August Reinisch and Anthony Sinclair, THE ICSID CONVENTION: A COMMENTARY (Cambridge, 2nd edition, 2009).
For further reading on investment treaty standards of protection, see Andrew Newcombe and Lluís Paradell, LAW AND PRACTICE OF INVESTMENT TREATIES. STANDARDS OF TREATMENT (Kluwer, 2009).
First Class Readings
- Rudolf Dolzer and Christoph Schreuer, Chapter 1: History, Sources, and Nature of International Investment Law, in PRINCIPLES OF INTERNATIONAL INVESTMENT LAW pp. 1-27 (Oxford University Press, 2nd edition, 2012).
- Jeswald W. Salacuse, THE LAW OF INVESTMENT TREATIES pp. 141-154 (Oxford University Press, 2nd edition, 2015).
- The United States Model BIT 2012 [see Primary Texts] (skim through).
- North American Free Trade Agreement (NAFTA), Part V, Section B, Articles 1115 to 1122 [see Primary Texts] (skim through).
- The United States-Mexico-Canada Agreement (proposed text), Chapter 14, Articles 14.1 to 14.8 [see Primary Texts] (skim through).
- Energy Charter Treaty (ECT), Article 1, Part III: Investment Promotion and Protection, Articles 10, 13, 17 and 26 [see Primary Texts] (skim through).
- UNCTAD, Recent Developments in the International Investment Regime, IIA Issues Note, No. 1, pp. 1-10 (2018), at https://unctad.org/en/PublicationsLibrary/diaepcbinf2018d1_en.pdf.
- Comprehensive and Economic Trade Agreement (CETA) between Canada and the European Union (entered into force provisionally in 2017), Chapter 8 (skim through).
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