Checking date: 06/09/2024


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:
Semester:




Skills and learning outcomes
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. The use of Generative AI is not allowed in this subject. The use of Generative AI to assist or complete any work deliverable in this subject will be academically penalized.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60

Calendar of Continuous assessment


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
Recursos electrónicosElectronic Resources *
Additional Bibliography
  • McLachlan, Campbell. International investment arbitration: substantive principles. Oxford. 2007
  • Muchlinski/Ortino/Schreuer . The Oxford Handbook of International Investment Law. OUP. 2008
Recursos electrónicosElectronic Resources *
(*) 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.