International Investment Arbitration

International Investment Arbitration

Dr. Yas Banifatemi, Professor Emmanuel Gaillard
Fall 2018 course
M, T, W 5:00pm - 7:00pm in Lewis Room 214A
2 classroom credits

Students who enroll in this offering may count the credits towards the JD experiential learning requirement.

Prerequisite: The course is open to 2Ls, 3Ls, LLMs, and SJDs. No prior courses required, although broad familiarity with public international law and international commercial arbitration will be an advantage.

Exam Type: No Exam taken in Exam4, however, students will be asked to role play in a moot investment arbitration proceeding in lieu of the final examination.

In 1965, the World Bank adopted the Washington Convention, establishing the International Centre for Settlement of Investment Disputes (ICSID), and allowing private parties to resort directly to international arbitration against States for harm done to their investments. Since then, as a result of the wide adoption of bilateral and multilateral investment protection treaties, there has been an outbreak of investor-State arbitrations that neither the drafters of the Convention nor the international community at large had anticipated.

This course will explore where investment treaty arbitration stands today, after two decades of blooming and growth. In particular: Why have there been calls for reform and for the termination of investment protection treaties? To what extent has the interplay between investment arbitration and international law nourished each of these fields of law? How has the arbitral case law tackled the most complex questions of international law? These questions will be addressed through a deep immersion into the investment arbitration process, as well as through an examination of the concepts of jurisdiction and admissibility (notion of investment; nationality of investors, both physical and juridical persons; temporal application of treaties; abuse of process; etc.); the interaction between contractual and treaty breaches; treaty interpretation; and strategic options in investor-State arbitration.

Enrollment will be limited to 20. Only students who are prepared to make a firm commitment should enroll.

Note: This course will meet on the following dates: 10/29, 10/30, 10/31, 11/5, 11/6, 11/7, 11/12, 11/13, 11/14, and 11/19 from 5:00pm to 7:00pm; and on 11/20 from 5:00pm to 9:00pm.

Subject Areas: International, Comparative & Foreign Law, Business Organization, Commercial Law, and Finance