Published on: October 14, 2022 at 22:15 IST
There have been more than 2800 Bilateral Investment Treaties agreed and signed between over 150 countries in order to promote Foreign Direct Investment by providing special protection to private investors. Moreover, various Multilateral Investment Treaties such as NAFTA, the Energy Charter Treaty or the most recent negotiated Trans-Pacific Partnership are creating a network of transnational standards that govern the investments in a transnational community of countries and foreign investors.
Various International Arbitral Tribunals dealing especially with investment cases have been scrutinizing and applying such standards which has led and contributed to the development of a system of investment law.
Therefore, this course introduces the students to the basics of such transnational standards along with the dispute resolution procedure in place and also introduces the students to the procedural rules available and functioning of investment Arbitral Tribunals.
This course features:
1) An overview of international investment arbitration
2) Introduction to Bilateral Investment Treaties
3) Bilateral Investment Treaties Standards: Expropriation, fair and equitable treatment, national treatment, most favored nation treatment, umbrella clauses.
4) Rules of Jurisdiction: ratione materiae, ratione personae and ratione temporis. Treaty Shopping strategies
5) Introduction to ICSID Convention and Tribunal
6) Rules of Arbitration Procedure: ICSID Rules, UNCITRAL Rules, ICC Rules, LCIA Rules, and SCC Rules.
7) The arbitrability of Disputes, objections of jurisdictions, and provisional measures.
8) The Investment Arbitration Award: Contents, Recognition and Enforcement.
At the end of the course, students will have acquired understanding of the transnational standards in investment regime along with a fair understanding of the dispute resolution process, investment treaties, industry practices, national regulations and arbitration awards and decisions.
Session 1 on 5th November, 2022 12:00 IST
Session 2 on 6th November, 2022 12:00 IST
Session 1- Day 1
Introduction to Investment Treaty Arbitration
Introduction to Bilateral Investment Treaties (BITs), International Investment Agreements (IIAs)
Bilateral Investment Treaty Standards
II) Fair and Equitable Treatment
III) Umbrella Clause
IV) Most Favoured Nation Clause (MFN)
V) Arbitration and Dispute Resolution Provisions
Session 2- Day 2
II) Purpose and Characteristics
III) Composition and Functions
IV) The Arbitral Tribunal: Constitution, Powers and Functions
V) The Arbitral Procedure: Overview
VI) Other Features
Rules of Jurisdiction– Ratione materiae, ratione personae and ratione temporis – Treaty Shopping practices.
Rules of Arbitration Procedure: ICSID Rules, UNCITRAL Rules, ICC Rules, LCIA Rules, and SCC Rules: Their interaction and effect on the applicable law of an international investment dispute
The Investment Arbitration Award: Contents, Recognition and Enforcement (ICSID Convention and New York Convention of 1958)
Course Suggested For:
Law Students, Businessman, CA, CS
Q & A:
Question and Answer session will be there after every session.
Speaker: Avineet Singh Chawla Assistant Lecturer of Law, O.P. Jindal Global University