Executive Programme 2023

The Settlement of International Investment Disputes

Tuesday 28th March 2023 to Thursday 30th March 2023
From 5:00 pm to 8:30 pm

[ WEBINAR ]
Dates and times are indicated in Singapore Time (GMT+8)

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 2023 to Thursday 30th March 2023

Length:

Total 10.5 hours

Location:

WEBINAR − Participants may attend online.

Programme Overview

DAY 1 Tuesday 28th March 2023
MODULE TIME SYNOPSIS
Registration 4.30 pm › 5.00 pm
The Legal Framework for International Investment Law Part 1
(1.5 hrs)
5.00 pm › 6.30 pm – Introduction to Investment Treaties
– The Investor-State factual paradigm
– Definition of “investment” and “investor”
Tea break 6.30 pm › 6.45 pm
Substantive Principles of International Investment Law
(1.75 hrs)
6.45 pm › 8.30 pm – Fair and Equitable Treatment
– Full Protection and Security
– Expropriation
– The Umbrella Clause
– Most Favoured Nation Treatment
– National Treatment
DAY 2 Wednesday 29th March 2023
MODULE TIME SYNOPSIS
The Law and Strategy of Investor-State Dispute Settlement
(1.5 hrs)
5.00 pm › 6.30 pm – 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
Tea break 6.30 pm › 6.45 pm
Investor-State Conciliation and Mediation
(1.75 hrs)
6.45 pm › 8.30 pm – 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
MODULE TIME SYNOPSIS
Investment Treaty Arbitration
(1.5 hrs)
5.00 pm › 6.30 pm – Basics of State Responsibility
– Jurisdictional basis for Investment Treaty Arbitration
– Applicable Law in Investment Treaty Arbitration
Tea break 6.30 pm › 6.45 pm
Investment Treaty Arbitration
(1.75 hrs)
6.45 pm › 8.30 pm – 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 each for day)
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.