LLM

Standards of protection before WW2 - Standards of protection - Scholarly opinion - Early cases - Efforts on codification - BITs Standards of protection after WW2 - Multinational investment framework - Post-colonial challenges to protection frameworks - Renewed attempts > Global treaty

Conduct - Time limits - Ancillary claims - Written + Oral proceedings - Rules of evidence - Closure of proceedings Applicable law - Law agreed by parties - Absence of parties' agreement - Deciding disputes ex aequo et bono - Wrong substantive law application - Applicable law for questions of procedure and jurisdiction Tribunal's award - Tribunal's obligation to decide dispute - Tribunal's award - Remedies vs Award

RFA o Language o Fees o Screening o Notice o Defects Arbitration rules o Articles 41-47 o ICSID Arbitration rules o Different rules o Questions of procedure Tribunal constitution o Appointment o Replacement Challenging arbitrators o Applicable provisions o Initiative & Time of challenge o Grounds o Applicable standards Tribunal’s first session ICSID costs o Administrative charge o Advance payment o Costs o No advance payment Defaulting parties Preliminary objections ...

Jurisdiction Jurisdiction vs Admissibility ICSID Convention – Jurisdiction Parties’ consent – Investment treaty arbitration - Direct agreement between parties - Host state’s national law - BITs - MITs Parties’ consent – Specificities Parties’ consent – Conditions - Prior notices/Waiting periods – Amicable settlement - Exhaustion of local remedies - ‘Fork in the road’ provision MFN Clause

Jurisdiction ratione personae - Contracting state - Constituent subdivision/agency - Investor’s nationality - Natural person - Juridical person - Investor Jurisdiction ratione materiae - Legal dispute - Dispute directly arising from investment - Investment - Time of dispute (ratione temporis)

- Foreign investment - Parties - Conflicts - Evolution – Law of investment disputes - BITs - ICSID Convention - Investment treaty arbitration vs Commercial arbitration - Investment treaty arbitration vs Interstate arbitration - Challenges – Legitimacy of investment treaty arbitration - Developments in investment treaty arbitration

Article VI Article V(1)(e) – Award Not Yet Binding - Autonomous definition - Territorial definition - Parties’ agreement Article V(1)(e) – Award Suspended Article V(1)(e) – Award Set Aside - Territorial approach - Delocalised approach - In-Between approach Article V(2) – Sovereignty Article V(2)(a) – Non-arbitrability - Choice of law - Issues Article V(2)(b) Article V(2)(b) – Violation of Public Policy - ILA Report - Interpretation - Application - Narrow definiti...

Single contract Procedural issues Joinder rules - National laws - Institutional rules Non-signatories Consolidation rules - National laws - Institutional rules - IBA Guidelines Enforceability of awards

What is tribunal's impartiality and independence? What are the standards? Which national laws, institutional rules and IBA Guidelines govern tribunal's impartiality and independence? What are examples of conflicts of interest? What is the procedure for challenging tribunal's impartiality and independence? What are the consequences of the lack of tribunal's independence and impartiality? How can tribunal's independence and impartiality be challenged? How can tribunal secretary's inde...

What are the types of privilege? What laws apply to privilege? What guidance is provided on privilege? How may tribunals apply laws on privilege? What are the practical considerations on privilege?