International Commercial and Investor-State Arbitration (LAW513H1S)

This seminar is about 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 investor-state arbitration -- the resolution of arbitral claims by investors against states for discriminating, treating unfairly, or expropriating their investments in breach of the NAFTA or bilateral investment treaties. There is a significant practical component to this course. Students will be expected to participate in a mock international commercial or investor-state arbitration and will learn how to draft arbitration clauses and advise clients how to structure transactions to take advantage of the best possible bilateral investment treaty protection.