The Scope of the Forum

Potential Topics for Research & Discussion

Investment treaty law has seen dramatic change in the past decade. There is a constant tension bewteen striking the proper balance between the rights of investors and the interests of the States. The settlement of investment disputes raises many complex issues of law and procedure. These standards are still evolving. As such, there are many areas where useful research should be done by an independent international institution such as the Forum.

Possible topics for future discussion include:

· Conflicts of Interest and the arbitral tribunal

· Recent awards; what impact on the change in definition of the limits of 'investment'

· The changing process of negotiating bilateral investment treaties

· The adoption of a multilateral rather than bilateral approach to the investment treaty framework

· Energy related investments and the Energy Charter Treaty

· The optimal choice for treaty and investment vehicles: how to structure investments to provide treaty stability and satisfy all parties

· The risks and opportunities created by the fork in the road between contracts, domestic courts and treaties

· The impact of forum selection on the applicable law, and the manner in which remedies sought may differ

· The impact of sale or insolvency of investment assets on treaty arbitration; Political risk insurance options

· The applicability of concepts such as res judicata and lis alibi pendens to investment disputes.

· Identification of lawful and lawful expropriation

· The distinctions between state regulation and indirect expropriation

· Proposals for the establishment of an appellate system for investment disputes to counter the risk of inconsistent decisions

Assistance to States in Investment Treaty Matters

The subject of how best to equip States in their negotiation of investment agreements, and the handling of disputes under such agreements, is of critical importance.

The Investment Treaty Forum (through appropriate experts) is pleased to facilitate assistance to States when negotiating treaties or when faced with an investment dispute. Given that the Forum has been established with a view to facilitating discussion amongst lawyers, policy advisers, academics, government officials and other specialist practitioners, and that it is able to draw on the experience of the Institute's Commonwealth Legal Advisory Service, it is in a strong position to provide non-specific advice to States in such matters.

Please contact Norah Gallagher for further information.