Arbitration
International Investment Arbitration
Explore Bilateral Investment Treaties, ICSID arbitration, and ISDS frameworks for resolving investor-state disputes effectively.
- Intermediate
- English
- 3 months
- 6 lessons
- Certificate included
What you will learn?
Understand Bilateral Investment Treaties (BITs)
Analyze ICSID rules and procedures
Navigate ISDS mechanisms and challenges
Evaluate controversies and reform debates
Who this course is for
Government legal advisors negotiating investment treaties
Arbitrators handling investor-state disputes
Law firm associates specialising in public international law
Consultants advising on investment treaty compliance.
Prerequisites
Knowledge of treaties and arbitration
Familiarity with public international law concepts
Ability to interpret investment agreements
Interest in sovereign dispute resolution frameworks.
Why this course
Explains the fundamentals of investment arbitration and ISDS, Covers ICSID and UNCITRAL procedural rules, Provides strategies for managing jurisdictional challenges, Enhances understanding of BIT interpretation and obligations, Examines controversies shaping ISDS reform, Prepares participants for investor-state dispute management roles.
Course content
Objective
Gain foundational knowledge of investor-state arbitration, its purpose, and the legal instruments underpinning the ISDS system.
Key topics
Define investment arbitration and its purpose
Identify the legal instruments governing ISDS
Explain the role of BITs and multilateral treaties
Understand the historical evolution of ISDS
Analyse the structure of investment protection standards
Recognise the significance of arbitration in promoting foreign investment.
Week 1
Lesson 1
Preview available
Online
Video Lectures
60 min
Activity
Take a short quiz and write a 5-bullet summary of Define investment arbitration and its purpose.
Objective
Learn the procedural rules governing investment arbitration under ICSID and other institutional frameworks.
Key topics
Understand ICSID jurisdiction and consent requirements
Compare ICSID and UNCITRAL arbitration rules
Analyse the registration and initiation process for claims
Manage timelines and procedural steps
Apply cost and security provisions effectively
Recognise enforcement mechanisms under ICSID and other frameworks.
Week 2
Lesson 2
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Objective
Master jurisdictional requirements and common challenges in investor-state disputes.
Key topics
Identify jurisdictional prerequisites for investor-state arbitration
Apply tests for qualifying as an investor and investment
Understand consent to arbitration under treaties
Manage objections to jurisdiction effectively
Analyse cases involving state immunity claims
Address challenges in multi-tiered dispute resolution clauses.
Week 3
Lesson 3
Online
Video Lectures
60 min
Activity
Complete a short case study worksheet and summarize your decision/recommendation.
Objective
Develop a clear understanding of substantive protections under investment treaties and their practical implications.
Key topics
Interpret key treaty protections such as FET and MFN
Analyse obligations regarding expropriation and compensation
Apply national treatment and umbrella clauses
Understand defences available to host states
Review landmark arbitral awards shaping BIT interpretation
Anticipate trends in investment treaty drafting.
Week 4
Lesson 4
Online
Video Lectures
60 min
Activity
Draft/redline a clause based on the lesson focus and explain your drafting choices.
Objective
Learn the mechanisms for enforcing investor-state arbitral awards under international law.
Key topics
Understand recognition and enforcement under the ICSID Convention
Apply the role of domestic courts in enforcement
Manage annulment proceedings under ICSID rules
Anticipate obstacles to award enforcement
Recognise state immunity in enforcement actions
Implement strategies for successful recovery of compensation.
Week 5
Lesson 5
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Objective
Understand the controversies and future reforms shaping investor-state arbitration globally.
Key topics
Analyse criticisms regarding ISDS legitimacy and transparency
Explore reforms under UNCITRAL Working Group III
Understand proposals for multilateral investment courts
Examine public interest issues in investor-state arbitration
Anticipate the impact of ESG factors on treaty disputes
Apply strategies to address reputational risks.
Week 6
Lesson 6
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Description
International Investment Arbitration governs disputes between foreign investors and host states, primarily under Bilateral Investment Treaties (BITs), multilateral treaties, and investment contracts. This highly specialised area of law involves unique procedural rules, jurisdictional tests, and substantive protections that differ significantly from commercial arbitration.
This course provides participants with a comprehensive understanding of the ISDS (Investor-State Dispute Settlement) system, covering key aspects of treaty interpretation, jurisdictional objections, and enforcement of arbitral awards. It also introduces the ICSID Convention framework, UNCITRAL rules, and other mechanisms used in investment arbitration, while exploring emerging controversies such as transparency, legitimacy, and public interest considerations.
By the end of the course, participants will be equipped with the analytical skills and strategic tools required to manage investor-state disputes in compliance with international standards.
This course provides participants with a comprehensive understanding of the ISDS (Investor-State Dispute Settlement) system, covering key aspects of treaty interpretation, jurisdictional objections, and enforcement of arbitral awards. It also introduces the ICSID Convention framework, UNCITRAL rules, and other mechanisms used in investment arbitration, while exploring emerging controversies such as transparency, legitimacy, and public interest considerations.
By the end of the course, participants will be equipped with the analytical skills and strategic tools required to manage investor-state disputes in compliance with international standards.
Instructor
Mian Sheraz Javaid
Master Dispute Resolution Through Arbitration Training.
Sheraz draws from his rare dual expertise as an engineer and barrister to offer elite training in contract drafting. These programs are crafted for professionals who draft or review complex contracts and seek to enhance clarity, enforceability, and risk control across jurisdictions and sectors.
