Treaty Shopping in Foreign Investment Law and Dispute Resolution | LawCPD.com.au
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Treaty Shopping in Foreign Investment Law and Dispute Resolution

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Author Profiles

Treaty Shopping in Foreign Investment Law and Dispute Resolution

Matthew Skinner is the Partner in charge of the South East Asia dispute resolution practice for Allens Arthur Robinson in Singapore.

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Treaty Shopping in Foreign Investment Law and Dispute Resolution

Cameron is a lawyer in the Projects practice group at Allens Linklaters in Melbourne, and is presently reading for the LLM at the University of Cambridge.

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Treaty Shopping in Foreign Investment Law and Dispute Resolution

Sam is a lawyer in the Australia-South East Asia project disputes practice group at Allens Linklaters and has a PhD in international arbitration.

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Course Summary

Understanding 'Treaty Shopping' and the benefits of nationality planning is fundamental when advising clients regarding the protection of foreign investment interests.

Course Details

The expression 'Treaty Shopping' refers to the conduct of foreign investors who deliberately seek to acquire the benefits of a Bilateral Investment Treaty (BIT) by making foreign investments or bringing claims from third countries that have more favourable treaty terms with the target host state. 

This course will examine the practice of Treaty Shopping and its different facets.  It starts by introducing the investment treaty system and identifying the key features of an investment treaty.  It will then turn to describing the process by which BIT claims are prosecuted and resolved by Investor-State Arbitration (ISA). The international conventions that support ISA will then be introduced, followed by a discussion of the various methods of Treaty Shopping and nationality planning, using an infrastructure investment as an example. 

State reactions to Treaty Shopping will then be briefly assessed, followed by an investigation of the way international arbitrators approach claims by parties of ‘acquired nationality’, taking into account the recent decision on jurisdiction by the tribunal in Phoenix Action Ltd v Czech Republic

The discussion will conclude by making certain predictions as to the likely evolution of the investment treaty system and the jurisprudence of Treaty Shopping.

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