Teaching International Investment Arbitration Series

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Institute for Transnational Arbitration (ITA)

Geography, culture, politics, economic conditions, and population demographics, in my view, account for very different narratives and reactions to the teaching of international investment arbitration.  In the last 13 years, I have had the distinct experience of in-person and/or virtual teaching of a course and/or guest lecturing international investment arbitration in a wide range of…

Human Rights, International arbitration, Investment Arbitration, ISDS

(University of Notre Dame)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The first publicly available decision issued under the international arbitration process provided for under the Accord on Fire and Building Safety in Bangladesh (‘Bangladesh Accord’) (note that Roger Alford previously summarized the Bangladesh Accord’s dispute resolution clause here) was issued through the 4 September 2017 Decision on Admissibility Objection in Industrial Global Union and Uni…

Investment, Investment Arbitration, Parallel Proceedings

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Institute for Transnational Arbitration (ITA)

More recent generations of investment treaties tend to include explicit provisions requiring claimants in investor-State arbitrations to submit waivers that – depending on the actual terminology used in these waiver provisions – generally seek to bar them from submitting their claims to other forums, such as through litigation before domestic courts or parallel international proceedings….

ASEAN, BIT, Investment agreements, Investment Arbitration, NAFTA, Vienna Convention on the Law of Treaties

(University of Notre Dame)/ /3 Comments
Institute for Transnational Arbitration (ITA)

Investment treaty provisions that allow joint decisions by States Parties to override or control arbitral tribunals’ interpretations of investment treaty standards scarcely appear in international investment agreements. The recently released 2012 United States Model BIT is a rare example. The 2012 version carried over Article 30(3) of the 2004 United States Model BIT, enabling States…