Undergraduate Course: International Investment Arbitration: Theory and Practice (LAWS10301)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | This 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
Please note that classes for this course will be jointly taught with Masters level students. Although students at both levels will study the same course materials, assessments will be graded according to the relevant benchmark appropriate to the level of study.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | Spaces on this course are allocated as part of the Law Honours Course Allocation process. Places are generally only available to students who must take Law courses. To request a space on this course, please email Law.courseselection@ed.ac.uk |
Information for Visiting Students
| Pre-requisites | This course is only open to visiting students coming through a direct exchange with the School of Law (including Erasmus students on a Law-specific Exchange). Exchange students outside of Law and independent study abroad students are not eligible to enrol in this course, with no exceptions.
**Please note that Honours Law courses are high-demand, meaning that they have a very high number of students wishing to enrol in a very limited number of spaces.**
Priority will be given to students studying on exchange within the Law department, and it is highly unlikely that there will be additional spaces for general exchange students & independent study abroad students to enrol; we will look into this on a case-by-case basis in September/January. Visiting students are advised to bear in mind that enrolment in specific courses can never be guaranteed, and you may need to be flexible in finding alternatives in case your preferred courses have no available space. |
| High Demand Course? |
Yes |
Course Delivery Information
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| Academic year 2026/27, Available to all students (SV1)
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Quota: 0 |
| 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 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
60 %,
Practical Exam
40 %
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| Additional Information (Assessment) |
60% Statement of Claim (claimant memorial) OR a Statement of Defence (respondent counter-memorial).
30% Mock Hearing Oral Assessment
10% Class participation |
| Feedback |
There will be a formative assessment in the form of a Case Log, providing feed-forward in preparation for the submission of the written assessment.
Feedback on the summative essay will be provided individually to each student.
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| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- 1. Acquire substantial knowledge and understanding of the organisation of an investment treaty-based arbitration.
- 2. Acquire 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 an appropriate understanding of the broader policy debates surrounding controversial phases of the investment dispute.
- 4. Acquire the ability to navigate databases and information related to a case.
- 5. Ability to prepare and organize a written submission, using appropriate jargon, format and structure
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Reading List
¿ 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 & Llui¿s 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)
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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. |
| Keywords | Arbitration,International Investment,investor-state arbitration proceedings |
Contacts
| Course organiser | Mrs Ana Maria Daza Vargas
Tel:
Email: AnaMaria.DazaVargas@ed.ac.uk |
Course secretary | |
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