As reflected in the title, this is an advanced practice-oriented course designed to build on students’ basic knowledge of international commercial and investment treaty arbitration. Using factual scenarios, students will take part in strategy, drafting and advocacy exercises. The emphasis will be on primary materials: statutes, institution rules, treaties, case law, commentary and “soft law” instruments. To maximize the benefit of the exercises, the focus will be on SIAC practice on the commercial side, and on ICSID practice on the investment treaty side. There will be comparative coverage of other commercial and treaty arbitration options, including the ICC and UNCITRAL.
The course will introduce students to the strategic decisions, practice skills, analytical tools and ethics considerations that underlie key phases of an international arbitration. These phases, common to commercial and investment treaty arbitration (with necessary variation), include: arbitration clause drafting; commencing arbitration with the Notice of Arbitration/Request for Arbitration; emergency arbitration; tribunal constitution, in particular arbitrator selection; the Preliminary Meeting/First Session, and related Procedural Orders and Timetables; interim/provisional measures applications; written submissions, with witness statements; evidentiary hearings; drafting decisions/awards (as arbitrator); and, finally, proceedings to enforce, set-aside or annul the award.