LLM

Admission & Establishment of Foreign Investments - Terms - Models - Performance requirements - Prior approval/registration - National laws Promotion of Foreign Investments - Promote/Encourage - Create favourable conditions - Restrict economic measures Transfer of funds - Multilateral agreements - Scope of right to transfer funds - Types of permitted transfers - Convertability - Exceptions Prohibition of arbitrary/unreasonable/discriminatory measures - FET relationship - D...

Standards of treatment o Contingent/Relative o Non-contingent/Absolute Fair & Equitable Treatment o Definition o Treaty adoption methods o Autonomous v Minimum standard o Substantive content  - Case-by-case  - Creeping violations  - State functions o Violations  - Frustration of Investor’s expectations  - Denial of justice/due process  - Arbitrariness/Discrimination  - Absence of good faith o ECT  - Conditions  - Reliance on Host State’s commitm...

What are mandatory rules? What is the relationship between arbitrability and mandatory rules? Should mandatory rules be applied? How should parties apply mandatory rules? How should arbitrators apply mandatory rules? Is the arbitrator's application of mandatory rules a duty or discretionary? How do arbitrators determine the content of mandatory rules or applicable law?

Defences - Express Exceptions in Investment Treaties - Security Exceptions - Interpretation - General Exceptions (Art XX GATT/Art XIV GATS) - Tax measures - Government procurement/subsidies/grants - State's financial infrastructure - Existing/Future non-conforming measures Defences - Customary International Law - Consent - Force Majeure - State of Necessity State Counterclaims - Treaties/ICSID Convention/Arbitration Rules - Instruments of consent - Variations of scope of co...

National Treatment o Definition o Drafting provisions o Violation of standard  Comparator - Business sector - Not like products - Legal regime  Less favourable treatment - Treatment - No less favourable - Discriminatory intent  No reasonable justification for differentiated treatment Most Favoured Nation Treatment o Relationship with Customary International Law o Ejusdem Generis principle o Scope of application  Treaties  Treatment of TP Investors  De...

Direct expropriation - Nationalisation - Clear - Unclear Lawful expropriation - Public purpose - Non-discriminatory measures - Due process - Compensation Indirect Expropriation - Measures - Discriminatory tax - TP Interference - Government's breach of contractual obligations - Interference with investment management - Revocation/Denial of permits/licences Indirect Expropriation - Criterion - State's police powers - Treaty practice - Impact of measure - Partial expr...

Definition History Treaty practice Elevation circumstances o Restrictive interpretation o Effective interpretation o Camps analyses  - Parties’ intent  - Host state’s sovereign capacity  - Internationalisation  - Dispute resolution provisions Host state’s non-contractual obligations o Consensual/Contract-like o Specific promise o Regulatory regime Doctrine of privity o Claimant  - Local subsidiary  - Not local subsidiary o Respondent  - In...

State responsibility - Constituent elements - Legal effects Attribution of wrongful conduct to states - State organs - Entities exercising elements of governmental authority - Ultra vires acts of State organs/agencies - Conduct directed/controlled by State - Subsequent adoption/acknowledgment by State Treaty interpretation - General rule (Art 31 VCLT) - Supplementary means (Art 32 VCLT) - Treaties authenticated in +2 languages (Art 33 VCLT)

Annulment Annulment vs Appeal Annulment as Discretionary Remedy Development of Annulment Scope of Annulment o Decisions not subject to annulment o Decisions subject to annulment o Annulment of parts of the award o Parties’ waiver of the right of annulment Procedure o Time limits o Formal requirements o Registration of the annulment application o Constitution of the Ad Hoc Committee o Procedural rules applicable to annulment proceedings Stay o Provisional stay o Request for sta...

Non-ICSID arbitration o UNCITRAL Arbitration Rules  - History  - Transparency o ICSID Additional Facility Rules  - Schedules  - Proceedings  - Disputes  - Secretary-General's prior approval  - Tribunal's constitution  - Provisional measures  - Applicable law  - Remedies vs Award  - Fees & Costs o Non-ICSID Investment Treaty Arbitration  - Lex arbitri  - Parties' chosen rules  - Law of the seat (Directly function/Mandatory function/Sup...