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Course: 2024/2025

Investment Arbitration

(17263)

Master in International Advocacy (Plan: 370 - Estudio: 334)

EPD

Coordinating teacher: PERALES VISCASILLAS, MARIA PILAR

Department assigned to the subject: Private Law Department

Type: Electives

ECTS Credits: 3.0 ECTS

Course: 1º

Semester: 2º

Skills and learning outcomes

Link to document

Description of contents: programme

Investment Arbitration 1.- General aspects a) Distinction from other types of arbitration and arbitral institutions. b) Investment protection treaties. c) Regulatory aspects of principal sectors. d) Transactional aspects of the deals giving rise to investment disputes. 2.- Starting the proceedings a) Jurisdiction: immunities and breach by a ¿State¿. b) Standing: definition of ¿investor¿ and ¿investment¿. c) Admissibility of claims. 3.- The procedure and the law a) Specificities of the investment arbitration procedure. b) Substantive law (I): analysis of sectoral rules. c) Substantive law (II): standards of protection. 4.- The award a) The award: structure and contents. b) The annulment of the award. c) The enforcement of the award.

Learning activities and methodology

TEACHING ACTIVITIES BY MATTER AF1 Lecture AF2 Practice/Case AF3 Lecture-plus-practice AF6 Group work AF7 Students¿ individual work TEACHING METHODOLOGIES BY MATTER MD1: Lecture in class by the professor aided by computer and audiovisual tools, in which the course¿s main concepts will be developed, and the main literature will be provided. MD2: Critical reading of the texts recommended by the course¿s professor: press articles, reports, manuals and/or academic articles, for their discussion in class, or to expand and consolidate the lessons of the course. MD3: Resolution of cases, problems, etc, provided by the professor, individually or in group. MD4: Exposition and discussion in class, moderated by the professor, on topics regarding the contents of the course, as well as practical cases. MD5: Making of Works and reports individually or in group. TUTORING: Students will have access to tutorials with the person responsible for coordinating the subject. With the tutoring it is intended to organize the teaching and learning processes that are based on the interaction between the student and the teacher in order to: (i) Guide the autonomous and group work of the students (ii) Deepen in different aspects of the subject (iii) Guide the academic and comprehensive training of the student. The tutorials will take place at the time and under the conditions determined by the teacher in Aula Global.

Assessment System

% end-of-term-examination 40
% of continuous assessment (assigments, laboratory, practicals...) 60

Calendar of Continuous assessment

EVALUATION SYSTEMS BY MATTER

SE1   Participation and engagement in class
SE2   Individual or group Works done during the course
SE3   Final exam


Evaluation
systems	Minimum weigh (%)	Maximum weigh (%)
SE1	                            20%	                          30%
SE2	                            40%	                          60%
SE3	                            40%	                          40%

The master in International advocacy is a master's degree that is taught in person. Therefore, students are required to attend all the theoretical and practical classes that the master has programmed. A student may only be absent for no reason from a maximum of 15 per cent of the classroom hours (i.e. not the sessions or days) in each subject. In case of excused absences, the total maximum will be 25%. If the student hold an absence greater than those indicated, a "0" will be computed on the continuous evaluation rating. Likewise, the absences lower than those percentages may be taken into account when it comes to modulate downward the qualification of the continuous evaluation, especially if it includes a participation note. 
In the extraordinary call the weight will be: Final examination: 60% and continuous evaluation: 40%.

Basic Bibliography

DOLZER, Rudolf; SCHREUER, Christoph. Principles of International Investment LAw . Oxford: Oxford University Press, . 2008, 433 pages.
GAILLARD, E./BANIFATEMI, Y . Annulment of ICSID Awards. Juris Publishing, Inc. 2004
SORNARAJAH, M.. The International Law on Foreign Investment . Cambridge University Press. Third edition, 2010
SORNARAJAH, M.. The International Law on Foreign Investment . Cambridge University Press. Third edition, 2010
WAIBEL, M/KAUSHAL, A/CHUNG/BALCHIN, C. . he Backlash Against Investment Arbitration: Perceptions and Reality. Kluwer Law International.. 2011
kANTOR, M.. Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence. Kluwer Law International.. 2008

Electronic Resources *

· Georgetown International Investment Law Research Guide : http://www.ll.georgetown.edu/guides/internationalinvestmentlaw.cfm
· Investment Treaty Awards : http://ita.law.uvic.ca/investmenttreaties.htm
· ICSID Caselaw database and ICSID Rules : http://icsid.worldbank.org/ICSID/Index.jsp
Kluwer Arbitration · Kluwer Arbitration : http://https://wklrus-td.wistia.com/medias/gh0jt3g2h1

Additional Bibliography

McLachlan, Campbell. International investment arbitration: substantive principles. Oxford. 2007
Muchlinski/Ortino/Schreuer . The Oxford Handbook of International Investment Law. OUP. 2008

Electronic Resources *

· UNCTAD BITs database : http://www.unctadxi.org/templates/DocSearch____779.aspx
· Energy Charter Treaty : http://www.encharter.org

(*) Access to some electronic resources may be restricted to members of the university community and require validation through Campus Global. If you try to connect from outside of the University you will need to set up a VPN

The course syllabus may change due academic events or other reasons.