International Investment Arbitration
3584IN14GY | |||||
6 | |||||
English | |||||
| |||||
Amsterdam Graduate Law School | |||||
Department of Public International and European Law | |||||
| (and guest lecturers) | |||||
Secr. Dept. of Public International Law and European Law | |||||
| Register | |||||
Objectives
Having followed this course, students should have a thorough understanding of the main procedural aspects of investor-State arbitration. In particular, they should be aware of the controversial aspects relating to jurisdiction and admissibility, as well as the law governing the procedure, the merits of the dispute, and the enforcement of awards. Students should also be able to synthesize (and thereby critically analyze) the often divergent arbitral jurisprudence as to the relevant issues treated.
Contents
This course examines international investment arbitration as a means of settling disputes between foreign investors and host States. This field has witnessed an impressive growth in the last decades, evidenced by the rapid increase in the number of arbitral awards. Emphasis is placed on the consensual nature of arbitration: consent constitutes the cornerstone of jurisdiction. The course also addresses the legal framework governing the procedure, the merits, as well as the possibility of annulment before enforcement of awards.
Concrete questions that are raised include: What are the main differences between tribunals operating pursuant to the ICSID Convention and those that apply, e.g., the UNCITRAL Arbitration Rules or the arbitration rules promulgated by institutions such as the Stockholm Chamber of Commerce? Can an award set aside by national courts still be enforced in another state? What is the effect of illegal conduct by the foreign investor on the jurisdiction of the tribunal and/or the admissibility of the investor's claim? And, can host States raise counterclaims in arbitrations?
The course includes visits to institutions and law firms, during which guest lecturers address current developments in the field. Previous lecturers have included legal counsel at the Permanent Court of Arbitration, the Dutch Ministry of Foreign Affairs, the Ministry of Economic Affairs and the firms De Brauw, Freshfields, Linklaters, PWC, Simmons & Simmons, and Eversheds.
Recommended prior knowledge
Ideally, students have followed the course International Investment Law
Format
(Guest) lectures (2 hours per week), also in the form of visits to institutions and law firms (excursions); review sessions
Contacthours
| Course week | Format | Hours/week | |
| 1 - 7 | Lecture | 2 |
Time
Day-time
Study materials
Online material, to be announced on http://blackboard.ic.uva.nl
Assessment
Take-home exam. There are also short, non-graded assignments to be discussed in class.
Remarks
For further course information and possible course requirement, see the Blackboard site at http://blackboard.uva.nl.