INTERNATIONAL INVESTMENT AGREEMENTS AND INVESTOR-STATE ARBITRATION
December 2-13, 2013
This seminar teaches lawyers, investors and government officials how to draft, negotiate and interpret international investment treaties, and how to resolve disputes arising from them, including the valuation of damages and enforcement. The use of bilateral investment agreements has exploded in recent years. Almost 3,000 such treaties are in effect. This course provides students with the basics of foreign investment law and regulation and advanced instruction in how and when such international arbitration proceedings are initiated against nations that violate investment agreements.

Key Topics:

  • Basic Standards for the Treatment of Foreign Investment
    • National laws and regulations
    • Minimum standards under customary international law
    • Background on the history of 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
  • Investor-State Dispute Settlement

    • Arbitration under various treaties, including ICSID, NAFTA, CAFTA, ECT and UNCITRAL
    • Selection of forum and arbitrators
    • Alternative forms of dispute resolution
    • Role of the arbitral tribunal and conduct of proceedings
    • Managing the arbitration
    • Sources and choice of applicable law
    • State defenses to investor claims
    • Methods of calculating damages
    • Recognition, enforcement and challenges to an arbitral award
    Washington, DC; 10 Business Days
    COURSE ADVISORS
     

    Professor Borzu Sabahi is Counsel at Curtis, Mallet-Prevost, Colt & Mosle LLP, where he practices international investment law and arbitration. He is an adjunct professor of law at Georgetown University where he co-teaches a seminar on investor-state dispute resolution. He regularly speaks at conferences and has written extensively about international investment law, including a comprehensive casebook titled Investor State Arbitration (co-author, Oxford 2008).

    Professor Ian A. Laird is a Special Legal Consultant in the International Dispute Resolution Group of Crowell & Moring LLP and is licensed to practice as a barrister & solicitor in Ontario, Canada. He focuses on international investment law and arbitration. Ian has spoken extensively and published numerous articles on international investment arbitration, and serves as Editor-in-Chief of InvestmentClaims.com, the online investment arbitration award service published by Oxford University Press.

    Professor Jose Antonio Rivas is a foreign attorney at Arnold and Porter LLP, focusing his practice on international investment arbitration. He is former Foreign Investment Director of the Ministry of Trade of Colombia, where he updated the Colombian International Investment Agreement (IIA) Model and he successfully concluded over twelve IIA negotiations. Professor Rivas is former Counsel of the International Centre for Settlement of Investment Disputes (ICSID). He received his SJD with Distinction from Georgetown University Law Center, where he also serves as adjunct professor.

     

     

    The International Law Institute was founded in 1955 as part of Georgetown University. Since 1983, ILI has been an independent, non-profit training institution.

    ILI offers training to assist government officials, practitioners and the private sector in finding solutions to the legal and economic challenges faced by developing nations and emerging economies.

    ILI participants are exposed to best practices in good governance, management, and transparency standards that will give them the tools to improve the performance of government agencies, promote public accountability in government and achieve economic growth. More than 29,000 participants, from over 185 countries, have been trained by ILI and its global affiliates.

    LIKE US ON FACEBOOK
    International Law Institute
    Fostering Prosperity Through the Rule of Law
    1055 Thomas Jefferson St., NW Suite M-100 Washington, DC 20007
    Tel: 202.247.6006 Fax: 202.247.6010 Website: www.ili.org