Latest Developments in International Investment Law and Dispute Settlement

This course will examine the latest trends in the negotiation and implementation of international investment agreements (IIAs), with respect to investment dispute settlement, dispute prevention and management, devoting particular attention to the most recent jurisprudence in investor-state arbitration and proposals for ISDS reform, including the developments of standing or multilateral investment courts, following developments in the EU, Canada and UNCITRAL, as well as proposals for improving ISDS or replacing it with alternative means.
Key features of investor-state arbitration procedures will be explored, exploring the main phases of the investor-state arbitration process, such as consent and jurisdiction, the implications of the choice of different procedural rules (with particular focus on ICSID and UNCITRAL), available remedies and post-award remedies. It will also introduce and highlight the current developments of ISDS alternative means of dispute resolution (ADR) different to arbitration.
This course will also analyse the latest trends in the negotiation and implementation of IIAs, devoting particular attention to investment promotion and facilitation, as well as the most recent jurisprudence on investment protection. Key differences in the substance of investment protection between bilateral investment treaties (BITs) and the investment chapters of preferential trade agreements, particularly recent mega-regional agreements such as CETA, the CPTPP, and the USMCA, are explored.
Alternatives to regulatory fragmentation in investment law are also addressed, including the relationship between investment and trade, as well as and economic developmentand prospects for multilateral rule-making in the investment field.

Course leader

Roberto Echandi
Georgios Petrochilos

Target group

We accept individuals who have completed an undergraduate degree in law, economics or political science, or in an unrelated field supplemented by relevant working experience. Participants are expected to have a strong command of English and should be ready to read a large amount of material in English both prior to and during both the Winter Academy and Summer Academy.

Course aim

At the end of this week, participants will have:
- Have a clear understanding of the network and architecture of rules governing the settlement of investment disputes at the domestic, bilateral, regional and multilateral levels.
- Know the key trends, main features and effects of dispute settlement procedures in international investment law.
- Understand specific topics on investor-State arbitration, such as the implications of the choice of different procedural rules.
- Know recent developments on investment law treaty making, including the relationship with trade agreements as well as economic development.
- Understand the most important reforms to policy and regulations regarding investor-State dispute settlement that have been implemented or proposed as alternatives to investor-State arbitration or to improve that system

Credits info

3 EC
Participants receive a Certificate of Attendance upon completion of each course.

Fee info

CHF 1200: Tuition for one week is 1,200 Swiss francs
Tuition for two weeks it is 2,200 Swiss francs
Tuition for three weeks it is 3,200 Swiss francs

The Summer Academy tuition fees do not cover costs such as meals, housing or local transportation.

Scholarships

Special rates apply to students registered at the University of Bern.

A 50% tuition waiver is applicable to participants affiliated with the UNCTAD Virtual Institute (staff and students of university and think tank members, with proof of institutional