Executive Programme 2023
The Settlement of International Investment Disputes
Registration for the Settlement of International Investment Disputes seminar is now closed.
If you would like more information about this programme or details about upcoming sessions, please click the button below to contact us.
Speaker’s Profile
Kevin Lee
Director, Drew & Napier LLC
Kevin Lee acts as counsel and adviser to States, corporations, international organizations and individuals in State-to-State disputes, disputes between foreign investors and States, and disputes between commercial parties.
He has appeared as counsel before a variety of international courts and tribunals from the Permanent Court of Arbitration, to the International Centre for Settlement of Investment Disputes and the International Tribunal for the Law of the Sea. In his areas of specialization, he has also been engaged as
Consultant to the Council of Europe, Expert to the South Asian Association for Regional Cooperation, and Young Amicus Curiae to the Singapore Supreme Court.
Kevin has taught international law and arbitration at the National University of Singapore, University of Naples Federico II, American University of Armenia, and Zhejiang University.
This course covers how foreign investors may pursue legal protection of their investments by relying on international dispute settlement mechanisms.
Over the past twenty years, global flows of foreign direct investment have increased at an astounding annual growth rate of over 25 percent. Multinational corporations and their overseas investment activities have become an immensely important, but often contentious, aspect of globalization.
In order to ensure the attraction of foreign direct investment and capital flows, a large network of investment treaties and customary international law obligations has been developed for the legal protection of international investments. Investment treaties also provide an additional layer of protection by empowering foreign investors to bring investment claims against a host State for breaches of international law.
As an introduction to the subject, this course offers a foundational treatment of international investment law and investment treaty dispute settlement. It deals with both substantive and procedural aspects of international investment law, investment arbitration, and conciliation, exploring its theoretical underpinnings and practical implications. As investment treaty arbitration is a different creature from international commercial arbitration, this course will teach lawyers and students the basic blocks of how to conduct an investment arbitration, providing a grounding on the practical and substantive aspects, issues of law, and procedure.
Dates:
Tuesday 28th March to Thursday 30th March 2023 – From 5.00 pm to 8.30 pm, Singapore Time (GMT+8)
Duration:
Total 10.5 hours
Location:
WEBINAR − Participants may attend online
Programme Overview
DAY 1 Tuesday 28th March 2023
(1.5 hours)
- Introduction to Investment Treaties
- The Investor-State factual paradigm
- Definition of “investment” and “investor”
(1.75 hours)
- Fair and Equitable Treatment
- Full Protection and Security
- Expropriation
- The Umbrella Clause
- Most Favoured Nation Treatment
- National Treatment
DAY 2 Wednesday 29th March 2023
(1.5 hours)
- International Law and International Politics: contextualizing disputes involving States
- Anatomy of an investment arbitration
- The menu of options for Investor-State Dispute Settlement
- Strategy in international dispute settlement
(1.75 hours)
- The Dispute Resolution Spectrum
- The Investor-State conciliation / mediation process
- Differences between Investor-State conciliation / mediation and Investor-State arbitration
- The 2019 Singapore Convention on Mediation
DAY 3 Thursday 30th March 2023
(1.5 hours)
- Basics of State Responsibility
- Jurisdictional basis for Investment Treaty Arbitration
- Applicable Law in Investment Treaty Arbitration
(1.75 hours)
- UNCITRAL Arbitration
- ICSID Arbitration
- Arbitral Institutions
- The Investor-State arbitration process
- Enforcement and Annulment
Fees:
- EUR 580 or SGD 800 full programme
- EUR 200 or SGD 280 per module
CPD Accreditation:
CPD points: 10.5 Public CPD Points
(3.5 Public CPD Points for each day of the event)
Practice area: Alternative Dispute Resolution
Training category: Foundation
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar on each day of the activity, and not being away from any part of the webinar for more than 15 minutes on each day of the activity. Participants may obtain 3.5 Public CPD Points for each day of the event on which they comply strictly with the Attendance Policy. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to www.sileCPDcentre.sg for more information.
