Module LAW48115: INVESTOR-STATE ARBITRATION

Department: Law

LAW48115: INVESTOR-STATE ARBITRATION

Prerequisites

• None

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• To introduce the theory and practice of international investment arbitration;
• To provide practical instruction, the recognition and enforcement of arbitral awards and institutional rules;
• To equip the necessary skillset to gain expertise in the application of concepts and norms within the field of international investment arbitration; and students seeking exposure to the world of international dispute resolution;
• To provide students with a critical analysis of current and contemporary international investment arbitration issues, such as transparency and third-party funding etc;
• To develop moral, ethical and contextual awareness of selected issues in international investment arbitration;
• To introduce key terms in bilateral and multilateral investment treaties (BITs and MITs);
• To equip the students with the understanding of similarities and differences between investment arbitration and international commercial arbitration.

Content

• A general introduction to the various levels of laws regulating international investment arbitration at the national, institutional and international level;
• An examination of current judicial interpretations and attitudes to key aspects of international investment arbitration jurisprudence;
• A study of the impact of selected international treaties and conventions in international arbitration such as the New York Convention, ICSID Convention and UNCITRAL Model Law;
• A study of the current policy and practice of the leading institutions charged with responsibility for administering inbvestor-state arbitration;
• A contemporary critical analyses of international arbitration issues and recent developments in case law;
• The enforcement of arbitration agreements and arbitral awards in the courts, including the allocation of responsibility between courts and arbitrators, kompetenz-kompetenz and separability in leading arbitration jurisdictions around the world;
• The definition of “investment,” issues of temporal jurisdiction, treaty structuring and issues of corruption as a matter of jurisdiction and admissibility;
• The case law around the fundamental notions of investment arbitration such as “most favored nation”, “expropriation and compensation”, “denial of benefits” etc;
• Highlight best practice in written advocacy, seeking to bridge the divide between different legal traditions.

Learning Outcomes

• Students will gain an in-depth knowledge of the laws relating to main stream and contemporary forms of international investment arbitration;
• Students will develop an in-depth knowledge of certain key aspects of the contemporary debates on international arbitration and its relationship with wider issues and will develop an understanding of the key legal concepts, principles and doctrines which underpin international arbitration;
• Students will develop a critical understanding of the policy issues and the methods of interpretation and application of international investment arbitration.

• Students will be able to identify the role and functions of the UK, European and international legal framework for interpreting and developing international arbitration policy and practice;
• Students will be able to identify and use the leading primary and secondary sources relevant to a given legal issue, and to be able to use them to reach informed and reasoned conclusions on points of law;
• Students will be able to identify the legal issues relevant to a specific problem;
• Analyse and evaluate the existing law in light of the legal, social, political and moral questions raised;
• Engage in an informed debate concerning public international law issues;
• Interpret and critically analyse the jurisprudence in intellectual investment arbitration.

• Students will be able to critically review existing law and/or practices in relation to specific aspects of international investment arbitration;
• Students will be able to write a substantial and well-researched piece of work on specific aspects of international investment arbitration;
• Develop expertise relating to international investment arbitration in conducting legal research using materials from a variety of national, regional and international sources;
• Describe accurately and coherently the arguments and analysis of academic commentators on international investment arbitration;
• Demonstrate an ability to explore complex issues creatively in writing on relevant legal matters;
• Interpret, critically analyse, and synthesise legal materials and literature relevant to international investment arbitration;
• Undertake discovery-enriched independent research.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The teaching will be conducted in the form of seminars. The seminars will impart information and guide students through the material they will have to research and analyse. The discussion-led seminars, supported by substantial but targeted reading assignments, will provide a deeper understanding of the issues
• Through discussion-led seminars the students will be invited to draw on their existing legal knowledge and engage with domestic, European and international legal materials, as appropriate.
• The relevant learning outcomes will be achieved through:
• Monitoring the student’s understanding of the material and providing additional guidance where necessary;
• Enabling students to develop a critical view of the material covered through the formative essay and discussion-led seminars
• Assessment by essay will develop / demonstrate students' abilities to undertake independent analytical research utilising a wide range of law materials relating to international investment arbitration.
• Feedback on formative and summative assessment to be provided in accordance with Law School feedback policies

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One optional essay or problem based question of approximately 1500 words.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University