This course provides an intensive, practice-oriented exploration of Bilateral Investment Treaties (BITs) and their role in protecting foreign investments. It equips legal professionals and international deal advisors with the expertise to structure, assess, and enforce investment protections under international treaty frameworks. Core areas of focus include standards of protection (e.g., FET, expropriation, MFN), investor-State dispute settlement (ISDS) mechanisms, treaty interpretation, and the strategic use of BITs in deal planning and investment risk mitigation.
Designed for attorneys, corporate counsel, and policy professionals engaged in cross-border investment, this course delivers hands-on legal exercises involving case studies, treaty negotiation analysis, investor risk profiling, and mock arbitration pleadings.
Course Objectives
By the end of this course, participants will be able to:
-
Analyze and interpret BIT provisions for use in corporate structuring and investment protection.
-
Identify applicable treaties and assess coverage for various investors and investments.
-
Advise clients on the legal risks and protections afforded by BITs.
-
Navigate key investment protection standards, including national treatment, MFN, and FET.
-
Structure transactions to maximize treaty protection and limit regulatory exposure.
-
Understand and simulate investor-state arbitration under ICSID and UNCITRAL rules.
-
Evaluate enforcement risks and design post-award recovery strategies.
