This course explores the legal frameworks, procedural mechanisms, and strategic applications of investment treaty arbitration (ITA) and investor-state dispute settlement (ISDS) systems under bilateral investment treaties (BITs), multilateral agreements (e.g., ICSID Convention, NAFTA/USMCA), and free trade agreements (FTAs). It is designed for corporate legal counsel, government lawyers, and international dispute resolution practitioners.
Participants will gain practical skills in advising multinational clients, managing treaty-based claims, and litigating or defending ISDS proceedings. Real-world scenarios will be emphasized to build expertise in navigating protections under international investment law.
Course Objectives:
By the end of the course, participants will:
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Understand the legal basis and evolution of investment treaty arbitration and ISDS frameworks.
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Evaluate investment protections (e.g., fair and equitable treatment, expropriation, MFN clauses) under BITs and FTAs.
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Strategically advise clients on treaty structuring and treaty shopping.
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Draft effective notices of dispute and analyze jurisdictional objections.
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Engage in procedural phases of an ISDS arbitration from registration to enforcement.
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Assess key jurisprudential developments shaping investor rights and state defenses.
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Understand corporate exposure, compliance obligations, and risk mitigation in investment-hosting states.
