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課程名稱 |
國際投資法與投資仲裁專題討論一
Seminar on International Investment Law and Investment Arbitration(Ⅰ) |
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開課學期 |
106-2 |
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授課對象 |
法律學院 法律研究所 |
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授課教師 |
林彩瑜 |
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課號 |
LAW5615 |
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課程識別碼 |
A21EU5370 |
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班次 |
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學分 |
2.0 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
星期二3,4(10:20~12:10) |
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上課地點 |
法研7 |
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備註 |
本課程以英語授課。
限學士班三年級以上
總人數上限：15人 |
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Ceiba 課程網頁 |
http://ceiba.ntu.edu.tw/1062LAW5615_IIA |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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課程概述 |
The number of bilateral investment treaties has increased substantially over the last two decades reaching almost 2,500 involving 180 countries. Different from state-to-state dispute settlement procedure used in traditional treaties, investor-state arbitration has become the common feature of modern investment treaties. That is, foreign investors are entitled to invoke direct claims against the host state in violation of investment treaties through international arbitration.
Investment arbitration has evolved rapidly. But at the same time, it has brought significant controversy in legal, political and civil society. As a green field, investment arbitration has close links with international commercial arbitration and public international law. Practically, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), and Ad Hoc tribunals established under the arbitration rules of procedures of the United Nations Commission for International Trade Law (UNCITRAL) are the most popular venues for investment dispute resolutions. Besides, the importance of certain non-governmental arbitration institutions in investment disputes, such as the International Chamber of Commerce (ICC), the Arbitration Institute of the Chamber of Commerce in Stockholm (SCC) and the International Chamber of Commerce or the London Court of International Arbitration (LCIA) is also on the rise.
In this semester, we will focus on issues on investment arbitration. The key fundamental principles and operation of investment arbitration would be discussed from academic and practical point of views.
Tentative topics to be discussed are as follows:
1. Dispute resolution provisions in bilateral investment treaties
2. The nature of the legal rights in investment arbitrations and interpretation of bilateral investment treaties
3. Systemic distinction and links between investment treaty arbitration and international commercial arbitration
4. Jurisdiction and admissibility in investment arbitration (e.g. unlawful or bad faith conduct as a Bar to Claims in investment arbitration)
5. The role, function and qualification of arbitrators in investment arbitration
6. The applicable law and non-investment consideration in investment arbitration
7. Transparency and public access in investment arbitration
8. Annulment of arbitral awards in investment arbitration
9. Remedies in investment arbitration: Compensation
10. Recognition and enforcement of arbitral awards
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課程目標 |
It is hoped that this course will help students build the basic professional knowledge and capability in international investment law and investment arbitration. |
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課程要求 |
1. Class sessions will be conducted by lectures, exercise discussion, students’ presentations and general discussions.
2. Each student is required to pick up a topic and make presentation in class. The topic shall be approved by the instructor in advance.
3. The Power-Point slides should be delivered to the instructor, teaching assistant and students via e-mail and ceiba three days prior to presentation.
4. Each student is required to write a term paper at the end of the semester. The topic of the term paper needs to be approved by the instructor. The 10-page full-paper should use blue book citation.
5. Attendance for all classes and active class participation are strongly encouraged. In no event, the participants should miss two classes without good reason.
6. The course evaluation will be based on three parts: class participation (including attendance and discussion) (40%), presentation (30%) and final term paper (30%). All parts of the requirements shall be met by students. If one of the requirements is not met (e.g. without submitting the term paper or make paper presentation), no course grade will be given by the instructor.
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
The list of assigned readings will be provided in class. |
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參考書目 |
1. Campbell Mclachlan, Laurence Shore and Matthew Weiniger, INTERNATIONAL INVESTMENT ARBITRATION, SUBSTANTIVE PRINCIPLES (second edition) (Oxford University Press, 2017).
2. Chiara Giorgetti, LITIGATING INTERNATIONAL INVESTMENT DISPUTES, A PRACTITIONER’S GUIDE (Brill, 2014)
3. Eric De Brabandere, INVESTMENT TREATY ARBITRATION AS PUBLIC INTERNATIONAL LAW, PROCEDURAL ASPECTS AND IMPLICATIONS (Cambridge University Press, 2014).
4. Lucy Reed, Jan Paulsson and Nigel Blackaby, GUIDE TO ICSID ARBITRATION (second edition) (Wolters Kluwer, 2011).
5. Zachary Douglas, THE INTERNATIONAL LAW OF INVESTMENT CLAIMS (Cambridge University Press, 2009).
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評量方式
(僅供參考) |
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週次 |
日期 |
單元主題 |
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第1週 |
2/27 |
Class Introduction |
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第2週 |
3/06 |
Dispute resolution provisions in bilateral investment treaties
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第3週 |
3/13 |
State’ consent, the nature of the legal rights of investors and election of forums
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第4週 |
3/20 |
Investment treaty arbitration vs. international commercial arbitration
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第5週 |
3/27 |
Tribunal’s jurisdiction and admissibility
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第6週 |
4/03 |
No class |
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第7週 |
4/10 |
Arbitrators: role, function, selection and ethics
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第8週 |
4/17 |
Applicable law and non-investment consideration
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第9週 |
4/24 |
Interim measures, counterclaims and consolidation
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第10週 |
5/01 |
Transparency, public access and remedies
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第11週 |
5/08 |
Annulment
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第12週 |
5/15 |
Enforcement of awards and sovereign immunity
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第13週 |
5/22 |
Student presentation & Discussion
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第14週 |
5/29 |
Student presentation & Discussion
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第15週 |
6/05 |
Student presentation & Discussion
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第16週 |
6/12 |
Student presentation & Discussion
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第17週 |
6/19 |
Student presentation & Discussion
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