S. Investment Treaty Arbitration: Causes of Controversy

In this advanced seminar students will be invited to critically analyze the most controversial issues arising in investment treaty arbitration, including: corporate restructuring and the definition of investment, class actions, arbitrator conflicts of interest and challenges, attribution of state responsibility, abuse of process and parallel proceedings, the right to regulate and national security, injunctive relief and approaches to quantum, set-aside and annulment remedies, the Achmea controversy in the EU, and ongoing institutional reform initiatives.