About the FDI Moot

Increasing  international investment, the proliferation of Bi- and Multilateral Investment Treaties, national investment promotion legislation, and international investment contracts have contributed to the development of a new field of international law that defines obligations between "host States" and foreign investors and refers to internationalised procedures (e.g. the International Centre for Settlement of Investment Disputes - ICSID) for resolving related disputes.

These disputes involve not only vast sums, but also probe the panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. Through the FDI Moot, law students - future practitioners, academics and policy makers - may attain a practical understanding of these issues. At the same time, the case and the hearings offer a special forum for current academics and practitioners from around the world to discuss developments - and assess emerging talents - in these fields.

The FDI Moot involves a hypothetical case in connection with an investment by a private investor in a foreign host state. The FDI Moot spans a period of approximately six months each year and has two phases: the writing of memoranda for claimant and respondent and the hearing of oral argument based upon the memoranda.

2012 FDI Moot

The 2012 FDI Moot will culminate in oral final to be held at Suffolk University School of Law in Boston 2-4 November 2012

2012 Case

The 2012 case involves ICSID annulment proceedings, questioning the composition of the underlying tribunal, the majority position on the definition of investment for jurisdictional purposes and whether the treatment of an expert and his report was procedurally correct.

Each year's FDI Moot Case Committee begins its work the preceding June. Liaising with the FDI Moot's Board and Organisers, it develops a fact scenario and procedural background. Generally, the case evolves on the basis that the home and host State are parties to an IIA (BIT, MIT, etc), the New York Convention of 1958 and the Washington (ICSID) Convention of 1965.Generally, each year's case will involve one or two "procedural" issues (e.g. jurisdiction, admissibility, interim measures, disqualification of arbitrator) and one or two "substantive" issues (e.g. expropriation, denial of justice, discriminatory treatment, violation of fair and equitable treatment and/or full protection and security standards). The Case Committee submits its final draft to the FDI Moot Organisers and Board for approval at the end of the preceding year, and the case is then published in February each year. The Case Committee remains responsible for responding to any requests for clarification (if scheduled) between June and August of each year. We would like to thank the 2012 Case Committee:  Assoc. Prof. Tony Cole, Madhu Agrawal, Melissa Brown, Ms. Otylia Babiak 

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2012 Schedule

Sunday, 1 January 2012 Announcement of the Competition; Registration Begins
The 2012 problem wil be released before February 2012.

Thursday, 31 May 2012 Registration Ends

Friday, 7 June 2012 Deadline to submit Requests for Clarification (or Withdraw)

27 September 2012 Submit Claimant Memorial and Respondent Counter-Memorial

Friday, 2 November 2012 Preliminary Oral Rounds

Saturday, 3 November 2012 Preliminary Oral Rounds

Sunday, 4 November 2012 Quarter, Semi and Final Rounds