As foreign investment continues to increase, the number of investment disputes is also on the rise, making it important to understand the legal instruments and mechanisms in place to resolve these disputes between foreign investors and host governments. This course aims to examine the key aspects of investment dispute resolution, addressing various modes of resolution at both national and international levels. It provides a comprehensive examination of mechanisms for investor-State dispute settlement under arbitral facilities, covering a wide range of topics from jurisdiction, applicable law, interpretation, arbitral procedure, to control mechanisms and enforcement of arbitral awards. Additionally, it examines the prospects and challenges of investor-state mediation, along with other innovations. The course examines the interactions between investor-State dispute resolution and a diverse array of other issues and concepts that frequently emerge in investment disputes, such as state contracts, investment treaties, health, environment, and human rights issues. Students will gain a thorough and deeper understanding of the theory and practice of international investment dispute resolution through various learning activities such as lectures, in-class discussions, role play exercise, legal research and writing.
Main topics:
- Introduction to Investment Dispute Resolution
- National Dispute Settlement Mechanisms
- Ad hoc and Institutional Dispute Settlement
- Investor-State Mediation
- Investor-State Arbitration
- Jurisdiction and Admissibility
- Applicable Law
- Selection of Arbitrators and Arbitral Procedure
- Control Mechanism, Enforcement of Awards and Damages
- Investment Obligations and Treaties
- Investment and Non-economic Issues: Health, Environment and Human Rights
