Curriculum

Int'l Investment Law and Arbitration Seminar

Credits: 2.00
Faculty: Simon Batifort, Ben Love

This seminar aims to provide students with a practical understanding of the law applied in investment treaty arbitration, one of the most active and rapidly changing areas of international law. Investment treaty arbitration allows corporations to sue sovereign states for breach of their international obligations concerning the treatment of foreign investors and to seek substantial awards of damages. Such lawsuits do not take place before national courts, but rather before international arbitral tribunals. This course examines the main issues that arise in an investment treaty arbitration, including the requirements to the jurisdiction of international arbitral tribunals, the obligations that states most frequently undertake vis-à-vis foreign investors (e.g., no expropriation without compensation, non-discrimination, and fair and equitable treatment), remedies in case of breach of those obligations, and challenge and enforcement of arbitral awards.

Grading and Method of evaluation:

Response papers and class participation. Letter grade only. Additional 1 credit available for upper class writing requirement: Final paper.