030238 SE Seminar in International Law: Procedural Requirements for International Arbitration (2024S)
for undergraduate and graduate students
Continuous assessment of course work
Labels
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).
- Registration is open from Mo 05.02.2024 00:01 to We 06.03.2024 23:59
- Deregistration possible until Th 14.03.2024 23:59
Details
max. 20 participants
Language: English
Lecturers
Classes (iCal) - next class is marked with N
Monday
11.03.
17:00 - 19:00
Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG
(Kickoff Class)
N
Monday
17.06.
09:00 - 18:00
Seminarraum SEM34 Schottenbastei 10-16, Juridicum, 3.OG
Tuesday
18.06.
09:00 - 18:00
Seminarraum SEM34 Schottenbastei 10-16, Juridicum, 3.OG
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 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?
• 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).ILA Committee on Rule of Law and International Investment Law, available at https://www.ila-hq.org/en_GB/committees/rule-of-law-and-international-investment-lawA. 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.A. Reinisch and St. W. Schill, Investment Protection Standards and the Rule of Law (Oxford University Press 2023).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: Fr 02.02.2024 09:25