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Treaty-based investor-state arbitrations have been on the rise, affecting a growing number of countries each year. Due to several features of investment arbitration, it can be exceedingly difficult for states to understand the strengths and weaknesses of claims or defenses, develop and implement their own litigation strategies, or internalize lessons from past decisions in order to avoid future disputes. Moreover, even when states win cases, defending the disputes can be costly, drawing officials’ attention away from important matters, generating millions of dollars in litigation expenses, and causing governments reputational harm.
This course addresses those challenges. Through an intensive week-long course, government officials involved in managing investment treaty disputes or negotiating investment treaties will increase their knowledge of crucial procedural and substantive aspects of investment law. Sessions will be taught by leading academics and practitioners and will be tailored to uniquely address issues relevant to governments.
We’ve recently released several new papers related to existing and possible future investment treaties with investor-state dispute settlement (ISDS):
The Policy Paper draws from various CCSI research and publications, e.g., on
This Policy Paper was presented at a Congressional briefing in mid-May, and was summarized in a number of op-eds:
April 22: “Eyes Wide Shut on ISDS,” The Hill’s Congress Blog
May 12: “Not so Fast,” U.S. News and World Report
May 19: “Why Fast Track is a Dangerous Gift to Corporate Lobbies,” Huffington Post.