Master 2024/2025

Investment Arbitration

Type: Elective course (Law of International Trade and Dispute Resolution)

Area of studies: Law

Delivered by: School of International Law

Where: Faculty of Law

When: 1 year, 3, 4 module

Mode of studies: offline

Open to: students of one campus

Instructors: Солдатенкова Наталия Юрьевна

Master’s programme: Law of International Trade and Dispute Resolution

Language: English

ECTS credits: 6

Course Syllabus

Abstract

This course is aimed on developing more profound knowledge of rules governing resolution of complex disputes between investors and host states. Students already familiar with the modern system of international protection of foreign investment will get more in-depth understanding of procedural aspects of investor-state dispute settlement. The course will be focused on various stages of a dispute resolution process: from filing a notice of claim to setting-aside an arbitral award. Topics like appointment and challenging arbitrators, document discovery, examining and cross-examining witnesses will be covered extensively. The course will thoroughly explore the problems currently faced by the modern investor-state dispute settlement system and ways to address them, including the investment dispute settlement reform discussed under the auspices of UNCITRAL and other institutions.

Learning Objectives

• The aim of the course is to provide students with a theoretical and practical understanding of procedural aspects of investor-state dispute settlement. Students will familiarize themselves with the process of preparation and drafting of various procedural documents and will be equipped with necessary legal writing skills as well as with knowledge of key documents and doctrinal sources.
• Students must gain knowledge on procedural framework for resolution of disputes concerning foreign investment including the UNCITRAL Arbitration Rules and the ICSID Institution Rules; applicable guidelines and “soft law” rules, including but not limited to the IBA Guidelines on Conflicts of Interest in International Arbitration, the IBA Rules on the Taking of Evidence in International Arbitration, and others.
• Skills and abilities: to understand how a typical arbitration is conducted and divided in stages, what is expected from legal counsel at each stage; to use specific procedural rules and to know their contents; practical abilities to research relevant sources, including case law and doctrine; skills to advise clients on procedural aspects of international investment arbitration; understanding of arbitrators’ selection process; ability to draft specific procedural documents (e.g. Redfern schedules, notices of challenge, etc.).
• Students should gain the following competences: ability to work with information (search, evaluate, use information, necessary for fulfilment of academic and professional tasks, from various sources, including application of the systematic approach); ability to carry out professional activities in the international environment; ability to search, analyze, and work with relevant information by using the juridical, comparative and other specific methods.

Expected Learning Outcomes

• ability to work with information (search, evaluate, use information, necessary for fulfilment of academic and professional tasks, from various sources, including application of the systematic approach);
• ability to carry out professional activities in the international environment;
• ability to search, analyze, and work with relevant information by using the juridical, comparative and other specific methods.

Course Contents

• 1. Introduction to International Investment Arbitration
• 2. Jurisdiction of investor-state tribunals
• 3. Procedural framework
• 4. Arbitrators in investor-state disputes
• 5. Arbitral procedure and interim measures
• 6. Evidence in investor-state arbitration
• 7. Awards and costs
• 8. Recent developments and ISDS reform

Assessment Elements

• Attendance, active participation and in-class discussion
  Each student is expected to attend all the sessions having studied the assigned material, and actively participate in class discussions, ask questions and make analytical comments about the assignments. For active work in class (participating in discussions, making comments) and demonstrating due preparation for the classes, a student can receive up to 10 points for all seminars preceding the exam in total. In case of insufficient student activity in seminars, the student accordingly receives 0 points. If a student is absent at more than 50% of classes, 0 points are awarded for in-class participation. The in-class participation grade received by the student is announced to him at the last tutorial and is taken into account in the calculation of the resulting and final grade for the discipline.
• Intermediate test 1 (challenging arbitrators)
  Students will draft a notice of challenge for arbitrator(s) in a hypothetical case, taking into account the circumstances of the case and the background information on the arbitrator(s).
• Intermediate test 2 (multiple-choice test)
  The multiple-choice test will include 10 multiple-choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding of the key concepts of investment arbitration, including the positions in the doctrine and case law forming part of the assigned material. The test is closed book; students cannot use any materials. The duration of the test is 20 minutes.
• Final test (written exam)
  The written exam takes form of a resolution of practical case(s) based on the material covered in class and during self-study. Students need to demonstrate the knowledge of the relevant rules and jurisprudence, as well as demonstrate the skills of argumentation. The exam is open book; the duration of the exam is 60 minutes.

Interim Assessment

• 2024/2025 4th module
  0.1 * Attendance, active participation and in-class discussion + 0.5 * Final test (written exam) + 0.2 * Intermediate test 1 (challenging arbitrators) + 0.2 * Intermediate test 2 (multiple-choice test)

Bibliography

Recommended Core Bibliography

• Lim, C. L., Ho,Jean, & Paparinskis,Martins. (2018). International Investment Law and Arbitration. Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.b.cup.cbooks.9781107180338

Recommended Additional Bibliography

• Vadi, V. (2015). Analogies in International Investment Law and Arbitration. Cambridge: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1105192

Authors

• Smirnova Svetlana Anatolevna