Course Credit
ECTS Credit
Course Type
Instructional Language
Programs that can take the course
In hhis course basic issues related to ICSID arbitration are taught. In this context, ICSID's jurisdiction, arbitration procedure, applicable law, arbitral award and its enforcement, and bilateral investment treaties are covered.
Textbook and / or References
1. Stephan W. Schill, Loretta Malintoppi, August Reinisch, Christoph H. Schreuer, Anthony C. Sinclair: Schreuer's Commentary on the ICSID Convention, 3rd Edition, Cambridge University Press, 2022.
2. Richard Happ, Stephan Wilske: ICSID Rules and Regulations 2022: Article-by-Article Commentary, Verlag C.H. Beck oHG, 2022.
3. Jan Paulsson, Nigel Rawding, Lucy Reed: Guide to ICSID Arbitration, 2nd Edition, Wolters Kluwer, 2010.
4. Julian D.M. Lew, Loukas A. Mistelis and Stefan Kröll: Comparative International Commercial Arbitration, Kluwer Law International, 2003.
5. Christina Binder, Ursula Kriebaum, August Reinisch, Stephan Wittich (eds.): International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer, OUP, 2009.
6. Gary B. Born, International Arbitration: Law and Practice, Wolters Kluwer, B. 2, 2015.
As a result of globalisation, there has been a dramatic increase in international foreign investments and the need for an impartial and functional method for the settlement of disputes arising from such investments has arisen. The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), which was prepared to meet this need and established the International Centre for Settlement of Investment Disputes (ICSID), has been signed by 158 states including Turkey. This course aims the basic issues regarding arbitration under the ICSID Convention to be understood.
1. Defines the concept of investment.
2. Mastersthe general principles and history of international investment law.
3. Defines the concept of arbitration and explains its types.
4. Reveals the differences between commercial arbitration and investment arbitration.
5. Explains the purpose and history of ICSID.
6. Has a command of the convention establishing ICSID.
7. Has a command of the conditions for the establishment of ICSID's jurisdiction and evaluates the concrete dispute within the framework of these conditions.
8. Is familiar with the ICSID procedure and has the ability to initiate arbitration proceedings by applying to ICSID.
9. Has the ability to use remedies against ICSID arbitral awards.
Week 1: Basic Concepts of International Investment Law
Week 2: Introduction to Arbitration Law
Week 3: General Information on ICSID
Week 4: Jurisdiction of ICSID under Art. 25 of the ICSID Convention
Week 5: Subject Matter Jurisdiction of ICSID
Week 6: Personal Jurisdiction of ICSID
Week 7: Consent to ICSID Arbitration
Week 8: Review of Arbitral Decisions
Week 9: Commencement of ICSID Arbitration Proceedings and Composition of the Arbitral Tribunal
Week 10: Applicable Law in ICSID Arbitration
Week 11: Arbitral Award and Remedies Against the Award
Week 12: The Effect of ICSID Arbitral Awards
Tentative Assesment Methods
• Midterm 40 %
• Final 60 %
|
Program Outcome
*
|
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
|
Course Outcome
|
|---|
| 1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|