TopWith increasing flows of foreign direct investment in the region, settlement of disputes arising from such investments made with state owned corporations is becoming frequent. Such arbitration is provided for in the contract but increasingly, the investment treaties provide for recourse to such arbitration. A distinct body of case law has developed as a result of a multiplicity of such arbitrations in recent times. The aim of this course is to study the developments that have taken place in the area. It deals with the types of arbitration clauses used in the contracts, court supervision and assistance of such arbitration, the law that is applied in settling disputes, the nature of the award and the problems associated with the enforcement of the award.
Interested students should note that this is a demanding course. The reading load is considerable. Class participation will be taken into consideration when awarding the final grade and class attendance is expected.
No laptops are allowed in class.