FOREIGN INVESTMENT AGREEMENTS AND INVESTOR-STATE DISPUTE SETTLEMENT

September 1-12, 2008

tuition fee: $3950
 
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INTENDED AUDIENCE: The course will cover topics of interest to lawyers, investors and government officials responsible for drafting, negotiating and interpreting investment agreements and resolving investment disputes.

COURSE OBJECTIVES: In recent years, there has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment related provisions. There has also been a sharp increase in the number of disputes between foreign investors and host governments. This course deals with issues arising out of these developments and will focus on (1) international standards for the treatment of investment and (2) various methods for resolution of investment related disputes, including mediation, contract renegotiation and arbitration.

COURSE OUTLINE

Basic Standards for the Treatment of Foreign Investment

  • National laws and regulations
  • Minimum standards under customary international law
  • Background on the history and scope of BITs, free trade and other agreements relating to investment
  • Substance of common investor protection clauses, including national treatment, MFN, fair and equitable treatment, transfer of funds and expropriation and nationalization

Foreign Investment Dispute Settlement

  • Alternative forms of dispute resolution
  • Dispute resolution clauses
  • Types of international arbitration, including ICSID, NAFTA, ECT, UNCITRAL and various institutional fora
  • Selection of forum and the arbitrators
  • Role of the arbitral tribunal and conduct of proceedings
  • Sources and choice of applicable law
  • Possible defenses to investor claims
  • Methods of calculating damages
  • Recognition, enforcement and challenges to an arbitral award
  • Role of national courts