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28-29th of October | Online | €490

Investment Treaty Arbitration

- Where international investment law and arbitration meets

Welcome to this two-day course where the purpose is to disseminate knowledge about investment treaty arbitration to Nordic Law Firms. This course is divided in four elements that inform each other: (1) treaty law; (2) procedural aspects; (3) challenges, annulments, and enforcement; and (4) trends.
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About the course

The field of investment treaty arbitration has grown exponentially, and Sweden has cemented its positioning as one of the leading venues for investment disputes. The Arbitration Institute of the Stockholm Chamber of Commerce is designated in numerous international treaties as the forum for arbitrating investment disputes. Further, Nordic law firms are equipped to compete with international law firms for investment business.

The purpose of the course is to disseminate knowledge about investment treaty arbitration to Nordic Law Firms in order to make them engaged in the – and equipped for – competing for investment disputes.The goal of the learning objectives is to train lawyers and future lawyers and policy experts with special knowledge in investment law and arbitration so that they can work within different organizations, including law firms, governments, banks, large companies, and NGOs.

This course fills a gap as there is no other professional course providing teaching on this increasingly important subject. Nordic law firms have great potential in competing with international law firms for investment treaty arbitration matters. This course seeks to equip law firms, governmental officials, NGOs, any other practitioners, and academics with the necessary skills and interest to embark on an investment treaty arbitration journey on their own.

The course will deal with the following:
  • Treaty Interpretation
  • Investment Protection
  • Jurisdiction and Applicable Law
  • Challenges before the Svea Court of Appeal
  • Enforcement and Sovereign Immunity
After the course you will:
  • Understand what investment treaty arbitration is and how it operates;
  • Be able to understand and use in practice treaty protection in investment treaties or foreign investment law;
  • Understand and orient oneself in some of the procedural intricacies of investment treaty arbitration; and
  • Understand some of the contemporary debate on the future of investment treaty arbitration.

Who is this course for?

This course is aimed at lawyers in law firms, governmental officials, researchers and other practitioners working for NGOs or IOs, journalists, and academics.

Lecturers

Kaj Hobér

Kaj Hobér

Professor of International Investment and Trade Law at Uppsala University. Associate Member of 3 Verulam Buildings, where his arbitration practice encompasses investment treaty, public international law and commercial disputes. Professor Hobér is a former partner at Mannheimer Swartling and the former Chairman for the...

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Ylli Dautaj

Ylli Dautaj

Ylli Dautaj is a teaching fellow at Durham Law School, UK, an adjunct professor at Penn State Law, USA, and a partner with DER Legal, Stockholm. He focuses his practice and scholarship on international commerce, trade, and investment and in particular on dispute resolution stemming from such areas of law. He is an...

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Course program

Day 1 - 28th of October
Day 2 - 29th of October

Day 1 - 28th of October

09:00 - 10:30

Introduction to Investment Treaty Arbitration

  • Treaty Law
  • International Arbitration
  • Procedural Features
10:30 - 10:45

Break

10:45 - 12:45

Treaty Law

  • Treaty Interpretation
  • Investment and Investor
  • State Responsibility and Attribution

12:45 - 13:45

Lunch break

13:45 - 15:00

Substantive Protection

  • Fair and Equitable Treatment
  • Expropriation
  • MFN & Umbrella Clauses
15:00 - 15:15

Break

15:15 - 16:30

Procedural Aspects in a Nutshell

  • Jurisdiction
  • Applicable Law
  • Transparency
  • Remedies

Day 2 - 29th of October

09:00 - 10:30

Challenges, Annulments, and Enforcement

  • ICSID and NY Convention
  • Set-Aside Procedures and Refusing Enforcement
  • Sovereign Immunity
10:30 - 10:45

Break

10:45 - 12:45

Swedish Investment Treaty Case Law Analysis (set-aside)

  • The Republic of Kazakhstan and the National Bank of Kazakhstan v. Stati, Ascom
  • The Kingdom of Spain v. Novenergia II – Energy & Environment (SCA) SICAR
12:45 - 13:45

Lunch break

13:45 - 15:00

Swedish Investment Treaty Case Law Analysis (enforcement)

  • The Republic of Kazakhstan and the National Bank of Kazakhstan v. Stati, Ascom
  • Sedelmayer v. The Russian Federation
15:00 - 15:15

Break

15:15 - 16:30

Trends

  • EU Law and Investment Treaty Arbitration
  • Backlash and Legitimacy Concerns
  • Multilateral Investment Court?
  • Environment and Human Rights

General information

Last registration day

Last registration day is 14 days before course start.

Course Fee

The course fee includes course materials, meals and refreshments in accordance with the programme agenda.

Course Hours

The course is following the Swedish Bar Association (Advokatsamfundet) guidelines demanding professional training of lawyers and comprises 13 qualifying course hours. Certificates are sent to participants after the course.

Registration

The registration is binding on the participant's company when the booking is accepted and confirmation has been sent that the participant has been accepted on the course.

Payment

The invoice is sent to the invoice email address that we have under your information, or sent via Svefaktura if a connection to that is set up prior. If you are participating from a company that have not stated an invoice email address or set up a connection, the invoice will be sent to you, the participant, if nothing else is stated by you.