Future Directions in Empirical Research on Investment Treaty Law and Arbitration

International investment law and arbitration is the subject of growing empirical inquiry. Drawing on a wide range of disciplines and different qualitative, quantitative and computational methods, the research has shed light on burning public policy debates, puzzles in actor behavior, and trends in institutional and legal developments.

The conference is hosted by LEGINVEST, a Research Council of Norway-financed project, Pluricourts Centre of Excellence, Faculty of Law, University of Oslo in collaboration with iCourts and the German Development Institute

This conference on future directions will kick-off with a launch of the PluriCourts Investment Treaty Arbitration Database (PITAD), which aims at assisting empirical research and providing a space for harmonization of data collection and storage. The launch will be followed by presentations on (1) new themes and projects in investment treaties and arbitration research and (2) the potential for collaboration on data collection, storage and analytics.

The conference is sponsored by LEGINVEST, which is a Research Council of Norway project dedicated to studying the dynamic interaction between investment arbitration and investment treaty design. LEGINVEST also serves as a hub for PITAD and ongoing empirical and theoretical research on the legitimacy of investor-state dispute resolution (‘’ISDS”).

12:00-13:30 PITAD Launch (with Lunch)

Chair: Ole Kristian Fauchald, Professor Pluricourts, University of Oslo & Coordinator, LEGINVEST

Why the database?

Malcolm Langford, Professor of Public Law & Affiliate, Pluricourts, University of Oslo

Building the database
Daniel Behn, Associate Professor, Pluricourts, University of Oslo & Lecturer, Uni. of Liverpool
Max Usynin, Research Fellow, University of Copenhagen

Using the Database
Runar Lie, Research Fellow, Pluricourts, University of Oslo
Taylor St. John, Lecturer, University of St. Andrews
Tarald Berge, Research Fellow, University of Oslo

Discussion and coffee break

14-15:15 Researching Arbitrators

Chair: Mikael Madsen, Director, iCourts Centre of Excellence, Uni. of Copenhagen

Diversity and Compliance in International Courts
Presenter: Sergio Puig, Associate Professor of Law, University of Arizona and Anton Strezhnev, Post-doctoral fellow, University of Pennsylvania Law School

Comment: Malcolm Langford, Professor of Public Law, University of Oslo 

Presenter: Catherine Rogers, Professor, Penn State Law
Comment: Daniel Behn, Associate Professor, Pluricourts, University of Oslo 

Does Nationality Matter? 
Presenter: Malcolm Langford, Professor of Public Law & Affiliate, Pluricourts, University of Oslo and Daniel Behn, Associate Professor, Pluricourts, University of Oslo 
Comment: Sergio Puig, Associate Professor of Law, University of Arizona

15:30-16:45 Arbitration-Treaty Relationships

Chair: Mavluda Sattorova, Senior Lecturer, University of Liverpool

Empirical Research on the Interaction of Treaties and Arbitral Awards
Presenter: Wolfgang Alschner, Assistant Professor, University of Ottawa 
Comment: Runar Lie, Research Fellow, Pluricourts, University of Oslo

Dispute by Design? Legalisation, Backlash and the Drafting of Investment Agreements
Presenter: Tarald Berge, Research Fellow, University of Oslo
Comment: Theresa Squatrito, Lecturer, University of Liverpool

Presenter: Runar Lie, Research Fellow, Pluricourts, University of Oslo
Comment: Wolfgang Alschner, Assistant Professor, University of Ottawa

Regulatory Chill Effect of ISDS on Environmental Regulation
Presenter: Axel Berger, Researcher, German Development Institute
Comment: Ole Kristian Fauchald, Professor Pluricourts & Coordinator, LEGINVEST

16:45-18:00 Arbitration's Relationship to Policy and Doctrinal Research

Chair: Szilárd Gáspár-Szilágyi, Postdoctoral Fellow, Pluricourts, University of Oslo

Feedback loops between investment treaty arbitration and international investment treaties
Presenter: Laura Letourneau-Tremblay, Research Fellow, University of Oslo
Comment: Chiara Giorgetti, Professor, University of Richmond

Presenter: Mikael Madsen, Director, iCourts Centre of Excellence, University of Copenhagen
Comment: Mavluda Sattorova, Senior Lecturer, University of Liverpool

Presenter: Taylor St John, Lecturer in International Relations, University of St Andrews
Comment: Mikael Madsen, Director, iCourts Centre of Excellence, Uni. of Copenhagen

Methodological challenges in contract interpretation
Presenter: Yuliya Chernykh, Research Fellow, University of Oslo

Foreign Investors’ Obligations in the New Generation Investment Treaties
Presenter: Günes Ünüvar, Postdoctoral Fellow iCourts
Commentator: Ole Kristian Fauchald
 

18:00 Close
19:00 Dinner

(This conference will be preceded by an internal LEGINVEST planning meeting 9-11am).
 

Tags: Investment
Published Nov. 20, 2018 11:09 AM - Last modified Jan. 30, 2019 8:01 PM