UPPSALA - SOUTH ASIAN UNIVERSITY INVESTMENT ARBITRATION BOOTCAMP

Hey everyone! We cannot contain our excitement! The inaugural edition of @A for Arbitration is out, and it features a detailed report on the Uppsala-SAU International Investment Arbitration that took place from August 26th to August 30th, 2024, at the South Asian University campus in New Delhi! A massive shoutout to A for Arbitration for highlighting our event—this is a must-read for anyone passionate about international arbitration. Don’t miss the chance to dive into all the amazing insights! A for Arbitration Neha Saifi Harsh Singh Mridul Y Suri Ishita Pandey Antariksh Singh Jamwal Chayanika Das Manali Singh Mahvish Saifi Harshita Gupta Yashvardhan Chauhan Atiya Kauser Suryansh Pratap Singh Anjali Singhvi https://lnkd.in/gVVnzsbr

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Counsel Pranit Bag, Barrister & Advocate, Calcutta High Court, and Counsel Shivam D., P&A Law Offices. Session: Career-talk. This engaging session of the Career Talk, led by two emerging practitioners in the field of investment arbitration, not only offered key insights but also effectively addressed all the questions raised by the participants. The lecture began with Counsel Bag introducing himself and sharing his valuable insights as a private practitioner in the Indian context. As a barrister, he also provided a comparison of the practice culture in the United Kingdom. Participants posed multiple questions, ranging from Indian practice and opportunities for exposure in private practice to practising in different jurisdictions. Counsel Bag addressed all the questions thoughtfully and thoroughly. The second half of the lecture was led by Counsel Dwivedi, one of the youngest practitioners invited to the Career Talk sessions. His remarkable journey from being an International Human Rights Scholar to becoming a competent International Arbitration practitioner resonated with participants from various legal disciplines attending the bootcamp. He shared his experiences working on different projects for the Government of India, offered insights into his practice as a counsel, and provided valuable tips for participants on bridging gaps in their own careers. Professor Dr. Steffen Hindelang?? Professor Dr. Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Counsel Shreyas Jayasimha, Co-Founder & Partner of Aarna Law; Co-Founder, Simha Law. Session: Career-talk. Counsel Jayasimha started the initial career talk lecture with a friendly welcome to the attendees. He praised them for considering international investment arbitration as a career option and shared his experiences as a prominent professional in the field. He provided valuable perspectives on the mindset needed for the journey and also covered the essential practical skills required. However, he thoughtfully addressed the potential challenges of this career path, such as the limited opportunities for success, the competitive nature of the field, and the relatively small number of investment arbitration cases. This information was useful for participants to gain a clearer understanding of the current landscape of this legal practice in the Asia Pacific region. Professor Dr. Steffen Hindelang?? Professor Dr. Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Professor Dr. Daniel Mathew, Associate Professor, National Law University, Delhi. Session: Investment Treaty Regime in South Asia. Professor Mathew's lecture provided a comprehensive overview of the investment treaty regime in South Asia, focusing on recent trends and challenges, and illustrated his points with credible statistics and records. He examined the Bilateral Investment Treaties (BITs) signed by various South Asian countries—including India, Pakistan, Bangladesh, Sri Lanka, Nepal, and the Maldives—highlighting the protections these treaties offer and discussing regional agreements. The lecture delved into recent trends such as the need to balance State sovereignty with investor protections, the inclusion of sustainable development goals, and the expansion of public policy measures within BITs. Professor Mathew also addressed the challenges facing the BIT regime in South Asia, including the adoption of alternative mechanisms to Investor-State Dispute Settlement (ISDS) and issues related to the implementation and enforcement of arbitral awards. By the end of the lecture, participants gained a clear understanding of the systematic challenges within the investment treaty regime in South Asia, as well as the ongoing efforts to address these issues. National Law University, Delhi Prof. Dr. Steffen Hindelang?? Prof. Dr. Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Counsel Shravan Yammanur, Partner, Dentons Link Legal. Session: Substantive Aspects in the Evolution of International Investment Agreements (IIAs): Securing States’ Regulator Freedom over Investment Protection? ; Time, Costs and Expertise: Realities of ISDS Counsel Yammanur began the lecture with a preview of significant historical developments, from the colonial era to the global age, that have contributed to the international investment regime. Following a brief introduction to the evolution of treaty instruments, he moved on to the position of the European Union in international matters and illustrated this with examples of landmark cases. Furthermore, he conducted a comparative analysis of the EU model approach and the status assigned to domestic court decisions in States outside the EU. In the second lecture, he discussed the critical realities of the ISDS mechanism. As time progresses, stakeholders are encountering significant issues related to high costs, uncertain timelines, and a lack of efficient expertise. These challenges make ISDS an undesirable option for businesses and investors, highlighting the need for internal reforms. This has equipped the participants to familiarise themselves with the emerging transformations within the regime and the underlying impetus driving these changes. With this exposure, the participants were able to critically examine the structural inconsistencies that require to be addressed. Prof. Dr. Steffen Hindelang?? Prof. Dr. Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education?

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Dr. Rjogarao Kasibatla, Additional Legal Advisor at the Ministry of Law and Justice (Department of Legal Affairs), Government of India. Session: The Legitimacy Crisis of International Investment Law and its Future – Dispute Resolution (I) In this engaging lecture, Dr. Kasibatla examined the legitimacy crisis facing the International Investment Law (IIL) and its future prospects. He encouraged participants to explore the complexities of the issue from the perspective of a sovereign State. At the outset, Dr. KasiBhatla addressed how the scope of Bilateral Investment Treaties (BITs) and International Investment Agreements (IIAs) should be integrated within the framework of domestic laws and public policies, ensuring that there are no instances where a State must compromise its sovereignty. Furthermore, Dr. Kasibatla cited several landmark cases to illustrate the efforts of States to legitimize the rights established under International Investment Law. He then discussed the grounds on which claims can be brought under Bilateral Investment Treaties (BITs) or International Investment Agreements (IIAs). Additionally, he addressed the issues and concerns related to third-party funding and explored the viability of an investment court as an alternative remedy. By the end of the session, participants had developed a clear understanding of the complexities surrounding the legitimization of International Investment Law and the various concerns that States encounter in managing these issues. Professor Dr. Steffen Hindelang?? Professor Dr. Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Counsel Csaba M. Rusznak, Founder & Managing Member, Sovereign Arbitration Advisors. Session: The Enforcement of Investment Arbitral Awards. Counsel Rusznak commenced the lecture by introducing two significant frameworks for the enforcement of arbitral awards: the International Centre for Settlement of Investment Disputes Convention (ICSID Convention) and the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). He then proceeded to explain the recognition and enforcement procedures for each framework, as well as the procedures for annulment, review, and the potential stay of an award. Further, he addressed sovereign immunity as an obstacle to realising arbitral awards. He discussed the detailed procedure for locating the award debtor's assets and the factors to consider when pursuing enforcement actions. Additionally, he involved the participants in academic exercises to explore the assessment approaches used by practitioners to effectively realise arbitral awards. This approach allowed participants to gain insight into real-life dispute scenarios. Professor Dr. Steffen Hindelang?? Professor Dr. Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Counsel Fereshte Sethna, Co-Founder of DMD Advocates & Managing Partner of its Mumbai office. Session: Investor-State Dispute Settlement: Current Practice. Citing recent practices in Bilateral Investment Treaties (BITs) and Investor-State Dispute Settlement (ISDS) mechanisms, Counsel Sethna began the lecture by addressing the limitations identified by the UNCITRAL Working Group III. She then provided an in-depth analysis of the systematic challenges within the ISDS framework, including issues such as double hatting, lack of transparency, and the need to balance sovereign regulatory rights with the interests of foreign investors. Additionally, she addressed contemporary practices that undermine the objectives of the settlement procedure, including treaty shopping, delay tactics by practitioners, and inconsistencies in arbitral awards. She further examined potential reforms to address these issues, such as the establishment of an international investment court, and discussed its viability and practical implications. Her analysis equipped participants with a comprehensive understanding of the necessary systematic changes and reforms that are crucial for improving the current framework and ensuring it meets the evolving needs of international investment and dispute resolution. Professor (Dr.) Steffen Hindelang? Professor (Dr.) Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp. Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Professor (Dr.) Nicolas Angelet, University of Brussels. Session: Investor-State Dispute Settlement: Traditions. Professor Angelet began the lecture with a detailed introduction to the significance of the Consular Treaty, gunboat diplomacy, and diplomatic protection against the backdrop of major historical developments. He then discussed the Calvo Doctrine, the Drago-Porter Convention, interpretations by statesman Elihu Root, and the Hull Doctrine. Further, he spoke about the emergence of International Minimum Standards (IMS) and the developments during World War II. Finally, he covered the persistent attempts by States to create a multilateral treaty framework. Failing this, and with the World Bank’s initiative, the Convention on the Settlement of Investment Disputes was organised, giving birth to the International Centre for Settlement of Investment Disputes (ICSID). In conclusion, the students delved into the historical foundations and evolution of legal jurisprudence within the realm of International Investment Law and Investor-State Dispute Settlement (ISDS) practice. This comprehensive review laid the groundwork for understanding the fundamental principles and objectives of the ISDS regime, offering crucial insights into its purpose and application. Prof. (Dr.) Steffen Hindelang?? Prof. (Dr.) Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education

Series IV: Recapitulation of the Investment Arbitration Bootcamp Uppsala University Master's Programme in Investment Treaty Arbitration Uppsala University South Asian University Rashtriya Raksha University Instructor: Ms. Ramya Raman, Associate Partner, P & A Law Offices. Session:?Investment Chapters of Free Trade Agreements (FTAs): the Interlinkages between trade and investment in comprehensive Trade and investment agreements; Defences: Expropriation v. Legitimate Regulation. Counsel Raman commenced the lecture by outlining the distinguishing features of Free Trade Agreements (FTAs) and Bilateral Investment Treaties (BITs), and familiarized the participants with the different frameworks of FTAs. She then introduced the contents of the Schedule of Reservations, including National Treatment, Performance Requirements, and Senior Management and Board of Directors (SMBD), among others. Additionally, she discussed the evolution of States' efforts to separate the investment and service chapters within FTAs. In conclusion, she led an academic debate with the participants on the topics of expropriation by the State and legitimate regulation. She explored the criteria typically employed by tribunals to address these issues, citing landmark cases. The lecture wrapped up with a review of recent developments in the field. Prof. (Dr.) Steffen Hindelang? Prof. (Dr.) Sai Ramani Garimella Professor Bimal N Patel #SAU #UppasalaUniversity #RashtriyaRakshaUniversity #itamaster #uulaw #InvestmentArbitrationBootcamp #investment #arbitration #isds #bootcamp #training #SAARC #career #education