Investment-Treaty Law & Arbitration (Part 1): Sources of Legal Norms, Triggering Protection, and Jurisdiction of Arbitral Tribunals

(133 Ratings)

Produced on: October 23, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 75 minutes
Difficulty Advanced

Investment-treaty law and arbitration is a rapidly developing area of legal practice—and one of increasing importance.  Once seen as an esoteric area of law having little impact on everyday governmental and business affairs, investment-treaty law and arbitration has emerged in the last decade as one of the central focal points in the international landscape.  In today’s global environment, any lawyer advising clients on cross-border transactions or on matters impacting foreign investment should have, at a minimum, a basic understanding of investment-treaty law and arbitration.

 

Join Stephen Anway, partner at Squire Patton Boggs and 2014 Client Choice Award winner for arbitration in New York, as he introduces this topic in the first of a multiple-part program on investment-treaty law and arbitration.  The stakes are high.  These treaties, when properly triggered, grant a private party the right to bring an action against a sovereign nation before an international tribunal and give private arbitrators, which the host country does not necessarily choose and who can meet literally anywhere in the world, the power to review the host country’s public policies and effectively annul the acts of the host country’s legislative, executive, and judicial bodies.  

 

The number of investment treaties has exploded in the last two decades—and now has swelled to more than 3,200.  These investment treaties share a common feature: they grant investments made by an investor of one contracting country in the territory of the other country a number of guarantees, typically including fair and equitable treatment and protection from expropriation without compensation.  The distinctive feature of modern-day bilateral investment treaties (“BITs”) and multilateral investment treaties is found in their dispute resolution provisions, which often provide that when an investor of one contracting country believes the other country (the one “hosting” the investment) has violated the applicable treaty, the investor can bring a claim directly against the “host” country in international arbitration, rather than having to sue the host State in its own national courts.

 

Mr. Anway begins by describing the two sources of investment-treaty law: customary international law and investment treaties. He provides an overview on investment-treaties—from the rise of the modern-day BITs, to multilateral investment treaties such as NAFTA, CAFTA, and the Energy Charter Treaty, to their forerunners: the friendship, commerce and navigation (“FCN”) treaties. 

 

In this course, Mr. Anway discusses:

  • Sources of investment-treaty law
  • Dispute resolution mechanisms in investment-treaties
  • International forums in which investment-treaty claims are adjudicated
  • The circumstances under which investment-treaty protection is triggered
  • When treaty planning/treaty shopping is permissible
  • Jurisdictional bases of investment-treaty arbitration

Learning Objectives:

I.   Gain familiarity with the basic aspects of investment treaty law and arbitration

II.  Grasp available international forums in which investment-treaty arbitrations can be commenced

III. Recognize when companies involved in cross-border business can structure their investments to gain investment-treaty protection

IV. Learn the requirements investors must satisfy to property seize the jurisdiction of an investment-treaty tribunal  

 

Faculty

Stephen Anway

Squire Patton Boggs

Stephen Anway is a partner in Squire Patton Boggs’ world-ranked international arbitration group. He spends 100% of his counsel time representing clients in major international arbitrations and has acted as counsel in some 50 international arbitration proceedings brought under more than 10 different investment treaties, free-trade agreements and the Energy Charter Treaty.  Each spring, Mr. Anway teaches a 13-week doctrinal course on international arbitration at Case Western Reserve University School of Law, where he serves as an Adjunct Professor of Law.  

 

Mr. Anway specializes in both investment treaty arbitration and international commercial arbitration.  His investment-treaty arbitration experience includes representing the Czech Republic in three major cases in 2009, 2012, and 2013 (each worth approximately $100 million).  The Czech Republic fully defeated the claims in each of them.  More recently, he acted as counsel for Slovakia in the precedent-setting case, Achmea B.V. v. The Slovak Republic, Final Award dated 20 May 2014, in which Slovakia fully defeated the foreign investor’s claims under the Dutch-Slovak Bilateral Investment Treaty and was awarded its costs and legal fees.

 

Mr. Anway also specializes in high-stakes natural gas price review arbitrations.  In 2013, he acted as counsel in an International Chamber of Commerce (ICC) arbitration in which his client won more than $395 million.  That award followed another ICC decision in August 2012, which awarded his client $580 million.  Mr. Anway was also counsel for the winning party in two different UNCITRAL awards worth over $1 billion—one in 2005 and one in 2008.

 

Mr. Anway is the exclusive recipient of the 2014 Client Choice Award from the International Law Office (ILO) for the “Arbitration” category in New York.  In June 2013, The American Lawyer Arbitration Scorecard published its list of the 20 Largest Commercial Arbitration Awards ever captured by the publication (dating back to 2001), and Mr. Anway represented the winning party in three of them.

Reviews

KP
Keith P.

Excellent presentation and content

PO
Patrick O.

I look forward to the next hour!

MW
Mike W.

Very new subject for me, and I found it to be very much worth my time. Excellent presentation!

DT
DUSTY T.

An interesting area of law.

PB
Paul B.

Very effective presenter and presentation.

DW
Douglas W.

Excellent speaker Very interesting subject

Load More

$89

$ 89 Alternative Dispute Resolution In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.