Useful links concerning international investment law:

https://icsid.worldbank.org/resources/rules-and-regulations/convention/overview

https://www.italaw.com/

https://investmentpolicy.unctad.org/

https://pca-cpa.org/en/cases/

The questions for the session 1:

1.      What is the purpose of international investment law? What are the origins of international investment law?

2.     What is the relationship between diplomatic protection and international investment law?

3.      Is international investment law’ public international law or private international law? What does “arbitration                 without privity” refer to?

4.     What are the sources of public international law? What is their relationship to sources of international investment law?

5.     What is the role of international customary law in international investment law?

6.     What role investment tribunals' awards do play in international investment law?  Do they have the value of                           precedent?

7.     What is the role of the Vienna Convention on the Law of Treaties in international investment law?

8.     What is the role of EU law in disputes arising from intra-EU investment treaties? What are the consequences of the                   Achmea judgment? What is the main message of the CJEU’s Komstroy Case?

9.     Please look into investment treaties in your study materials and try to idenfity their common trunk.

Please find below the compulsory readings that would help you in answering the above questions:

Questions for the session based on the reading of study materials:

1. What is the prevailing dispute resolution mechanism in international investment law? 
2. Why investment claims are not enforced in national courts?
3. What is the difference between inter-state and investment arbitration?
4. Is international investment arbitration different to commercial arbitration? If so, in what respect(s)?
5. What role does consent play in investment arbitration?
6. May the consent include also mass claims?
7. What is the necessary condition for jurisdiction of the arbitral tribunal?
8. What is the difference between jurisdiction and admissibility?
9. Is there any difference between ICSID or non-ICSID arbitration? If so, which one(s)?
10. What are the most frequent objections by states to jurisdiction of investment tribunals?
11. May an investor always choose between arbitration and courts in resolving its dispute with the state?
12. May an investor start both arbitration and court proceedings concerning the same investment?

The reading for the session:

The presentatio by Dr. Kateřina Palkovská:

1 . What is an asset-based definition of investment?

2. What are the so-called Salini criteria? Are they useful? Are the Salini criteria applicable both in ICSID and non-ICSID arbitrations? (Salini, para 52, AAA Ltd. para 150)

3. What is the role of the requirement of territory? Please focus specifically on tangible and intagible assets on the one hand and financial instruments on the other hand. (Territory)

4. When a company meets the definition of investor under the Czech-Swiss BIT? (Czech-Swiss BIT, Alps Finance, paras 213-228)

5. When a transaction meets the definition of investment under the Czech-Swiss BIT? (Czech-Swiss BIT)

6. Does dual nationality prevent an investor from claiming violation of an investment treaty?   (Principles 1)

7. May a shareholder in a company whose assets were expropriated by the host state have an investment claim against the latter? (Shareholders)

8. Should the concept of investor be construed autonomously on the home state's legal order? (Wirtgen, PAGES 48-64)

The compulsory study materials:

The questions for our seminar are as follows:

1- Are legal "standards" different to "rules"? How? What are the pros and cons of the use of legal standards instead of rules, and vice versa?

2. Which standards of investment protection can be identified? Please go through a BIT of your choice and try to find as many protections/claims of investors against the host host state as possible. 

3. What may be the particular difficulty for an investor in proving that the host state has violated minimum standard of treatment? 

4. Do standards of Investment and Investor protection always require the comparison between the treatment of the foreign investor and the host states' investors/entepreneurs? 

5. What is the purpose of most-favoured-nation clauses? Do they extend to dispute resolution provisions (arbitration clauses)?

6. What is the purpose of national treatment? What are the requirements to claim breach of this standard?

Compulsory reading that will help to answer the above questions is as follows:

Questions for our next session are as follows:

1. How long must the taking of an investment last in order to constitute expropriation?

2. Please explain what measures with the effect equivalent or tantamount to expropriation are.

3. May contradictory actions of two branches of state amount to breach of investment standards? 

4. Please explain the Italian problem with solar energy sector and try to figure out possible investment claims relating thereto.

5. Please introduce an example how actions of tax authorities may amount to expropriation.

6. Please explain the concept of "creeping expropriation" and compare it to a one-shot taking.

7. Please elucidate the conclusions of the Saipem tribunal with regard to expropriation.

8. Please analyse the Antaris case and try to summarize the position of investment tribunals as regards the relationship between legitimate expectations and a stability of the host state's law.

9. Please explain the relationship between denial of justice and fair and equitable treatment as discussed in the Manchester case.

Hereunder you will find study materials for our next session:

Our last session will be dedicated to two issues. Firstly, we will deal with responsibility for breaches of investment standards. Secondly, we will have a look at recognition and enforcement of investment awards.

Hereunder are the questions for the session:

1. Which elements are necessary for international responsibility for violation of standards of investment protection to arise?
2. When the conduct may be attributed to the state to trigger international responsibility?
3. May the state successfuly claim that it acted in compliance with domestic law to avoid responsibility for breach of investment standards?
4. What are legal consequences of the violation of a standard of protection under an investment treaty?
5. What remedies does investor have against violations of investment standards?
6. What does the principle of full compensation refer to?
7. How to enforce investment arbitral awards? What obstacles/defences to their enforcement do exist?
8. Would you recommend to an investor to choose the New York Convention, or ICSID Convention for the enforcement of an investment award against the state? 

The compulsory reading materials are as follows :

 NOTE: 

Articles 1,2, 3, 4=11, 31=38 DARSIWA

ADC v. Hungary, paras 479=522.

Art. V NY Convention.

Articles 50=55 CSID Convention