Universität Wien

030238 SE Seminar in Public International Law: The Rule of Law and Investment Arbitration (2022S)

for undergraduate and graduate students

4.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work
MIXED
Moodle

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 25 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

  • Wednesday 16.03. 17:00 - 19:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG (Kickoff Class)
  • Wednesday 08.06. 09:00 - 18:00 Seminarraum SEM33 Schottenbastei 10-16, Juridicum, 3.OG
  • Thursday 09.06. 09:00 - 18:00 Digital

Information

Aims, contents and method of the course

This seminar will focus on rule of law issues in investment arbitration, in particular whether the current system conforms to rule of law requirements. This includes, among others, issues like the (lack of) independence and impartiality of arbitrators, procedural fairness, the right to be heard, equality of arms, access to justice given the financial implications for both host states and investors, as well as the adequacy of the ‘control’ system. The latter is currently embodied in ICSID annulment proceedings or set-aside procedures before domestic courts. Whether it guarantees predictable, consistent and legitimate outcomes will be scrutinized.

Knowledge of public international law is required.

Participants are requested to select a topic from the illustrative list below or to seek our approval for a comparable topic. Students may submit their final papers in German or English.

Assessment and permitted materials

Seminar paper, presentation of the paper and participation in the discussion during the seminar sessions.

Minimum requirements and assessment criteria

Seminar paper consisting of 50,000 characters roughly 20 pages (70%), oral presentation of the paper and active participation during the seminar sessions (30%).

Examination topics

The topics of the seminar papers are discussed and assigned in the preliminary meeting.

Topics
• Rule of law criteria and different rule of law notions
• Fundamental rights and arbitration
• The ECHR and (investment) arbitration
• Independence and impartiality of arbitrators
• Procedural fairness in investment arbitration
• Transparency in investment arbitration
• Costs of arbitration and access to justice
• Third parties in investment arbitration
• Persuasive authority, predictability and consistency in arbitral decision-making
• Review of arbitral awards
• Appellate mechanism or a multilateral investment court?
• Host State (counter)-claims – equality of access to investment arbitration?

Reading list

M. Bungenberg and A. Reinisch, From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court. Options Regarding the Institutionalization of Investor-State Dispute Settlement (Springer, 2nd ed., 2020).

S. Chesterman, ‘An International Rule of Law’ (2008) 56 American Journal of Comparative Law 331.

D. Gaukrodger and K. Gordon, ‘Investor-State Dispute Settlement: A Scoping Paper for the Investment Policy Community’, OECD Working Papers on International Investment, No. 3 (OECD Publishing 2012).

A. Reinisch, ‘The Rule of Law in International Investment Arbitration’, in P. Pazartzis, M. Gavouneli et al. (eds.), Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade (Hart 2016) 291-307.

St. W. Schill (ed.), International Investment Law and Comparative Public Law (Oxford University Press 2010).

G. van Harten, Investment Treaty Arbitration and Public Law (Oxford University Press 2007).

M. Waibel et al (eds.), The Backlash against Investment Arbitration: Perceptions and Reality (Kluwer Law International 2010).

Association in the course directory

Last modified: Th 11.05.2023 11:26