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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: International Investment Arbitration: Theory and Practice (LAWS11400)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryThis module is tailored for students seeking to further develop their knowledge of international investment law, and improve both their written and oral advocacy skills in investment arbitration. In so doing, students will have the opportunity to substantiate some of the most important stages of investor-state arbitration proceedings and present written and oral submissions. This practical component of the course will be accompanied by theoretical discussion and analysis of current debates surrounding the reform of investor state dispute settlement.

The course will develop around a mock investor-state dispute, which will be argued by students, as claimants and respondents. To this end students will work in groups in and outside the classroom (this aspect is akin to a preparation for a moot court competition). Students will be expected to read primary and secondary materials and apply these to the specific facts of the mock case.
Course description Course Content:

* Introduction - Advocacy in international arbitration
* Bringing an investment dispute: Notice of Intent
* Appointment of arbitrators and challenge
* Rules of procedure
* Mock hearing / organisation of the case
* Presenting evidence
* Transparency in investment arbitration
* Awards
* Revision and preparation of mock hearing

Entry Requirements (not applicable to Visiting Students)
Pre-requisites Students MUST have passed: International Investment Law (LAWS11131)
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2023/24, Not available to visiting students (SS1) Quota:  25
Course Start Semester 2
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 176 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) This course will be assessed by the following component(s):
* Class participation = 10% of overall mark
* Moot exercise = 30% of overall mark
* State of claim or statement of defence = 60% of overall mark
Feedback Each course will provide the opportunity for at least one piece of formative assessment with associated feedback. This will be provided within an appropriate timescale to enable students to learn from this prior to the summative assessment.

Besides the ongoing feedback given during seminar discussions, the lecturers will provide formative feedback on the progress made by students in their submissions, as they build up the case at each stage of the proceedings. The feedback will concern the quality of written work and advocacy style, so as to assist students with both aspects of the summative assessment.

Feedback on the formative assessment may be provided in various formats, for example, to include written, oral, video, face-to-face, whole class, or individual. The course organiser will decide which format is most appropriate in relation to the nature of the assessment.

Feedback on both formative and summative in-course assessed work will be provided in time to be of use in subsequent assessments within the course.

Feedback on the summative assessment will be provided in written form via Learn, the University of Edinburgh's Virtual Learning Environment (VLE).
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Evidence substantial knowledge and understanding of the organisation of an investment treaty based arbitration.
  2. Demonstrate a substantial understanding of the procedural phases of investor-state arbitration proceedings: from the notice of intent to the final preparation of an award.
  3. Acquire and further develop a critical understanding of the theoretical and broader policy debates surrounding controversial phases of the investment dispute.
Reading List
J. Commission & Rahim Moloo (2018) Procedural Issues in International Investment Arbitration. Oxford University Press.

G. Born (2015) International Arbitration Cases and Materials (2 ed.). The Hague Kluwer law international.

D. Bishop, M. Reisman, J. Crawford (2014) Foreign investment disputes: cases, materials, and commentary (Kluwer Law International).

Andrew Newcombe & Lluis Paradell (2009) Law and Practice of Investment Treaties Standards of Treatment (Wolters Kluwer)

M. Sornarajah, The International Law on Foreign Investment (Cambridge University Press, 4rd edition, 2017)

C. McLachlan, L. Shore, and M. Weiniger (2007) International Investment Arbitration: Substantive Principles (Oxford University Press)

K. Nadakaukaren Schefer (2013) International Investment Law: Text, Cases and Materials
(Edward Elgar)

T. Weiler (ed.) (2005) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (Cameron May)
Additional Information
Graduate Attributes and Skills 1. Perform a strategic analysis of investment treaty based disputes and be able to extrapolate such an analysis to other international disputes, if appropriate.
2. Acquire written and oral advocacy skills to deal with international arbitration proceedings
3. Be able to draft selected sections of written submissions and prepare oral statements
4. Assess the relevance of factual and expert evidence and acquire general knowledge on examination of witnesses and experts.
5. Students will be able to articulate, sustain and defend a line of argument, in both written and oral form.
The course will also advance critical research and communication skills.
6. Students will acquire the ability to develop and express an argument and rebut counterarguments, both written
and orally.
7. Student will acquire time management skills and the ability to prioritise various tasks.
8. Students will acquire the ability to navigate investment literature and investment arbitration databases,
in order to adequately support complex legal arguments.
KeywordsArbitration,International Investment,investor-state arbitration proceedings
Course organiserMrs Ana Maria Daza Vargas
Course secretaryMs Susanna Wickes
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