International Commercial and Investor-State Arbitration (LAW513H1S)

This seminar focuses on the rapidly-expanding fields of international commercial and investor-state arbitration. We will examine the key tenets of international arbitration as a process for dispute resolution, and the applicable statutes, treaties, case law, rules, and institutions. We will also study the fundamentals of investor-state arbitration -- the resolution of arbitral claims by investors against states for discriminating, treating unfairly, or expropriating their investments in breach of trade agreements or bilateral investment treaties. There is a significant practical component to this course. Students will participate in a mock international commercial or investor-state arbitration exercise and will learn how to draft arbitration clauses and advise clients how to structure transactions to take advantage of investment treaty protection.