Foreign Direct Investment International Arbitration Moot


Foreign Direct Investment International Arbitration Moot

University of Warsaw Wins 2022 Final

The University of Warsaw prevailed over a team of students from St Petersburg University in the final of the 2022 FDI Moot.

Warsaw team members on stairs of Bush House, KCL

The match was heard by Sophie Nappert (presiding), Samuel Wordsworth KC, and Lucia Vilaseca at King’s College London on Sunday 6 November. Third place was taken by Universidad San Andres over the University of Buenos Aires before a tribunal of Timothy Nelson, Fredrik Lindmark, and Veronika Lakhno.

The Universitas Indonesia was adjudged the “Highest Ranked” team (combined memorial scores and group phase oralist scores) and will receive a US $1500 cash prize sponsored by Maxwell Chambers.

Saarland University submitted the best memorial for claimant (2nd University of Malaya, 3rd St Petersburg University). Paris Bar School submitted the best memorial for respondent (2nd Universitas Indonesia, 3rd Lloyd Law College). Our media partner, TDM (Transnational Dispute Management), kindly publishes these at the end of the year.

Julia Jeleńska (University of Warsaw) was the best advocate of the group phase (Thomas Wälde Award) and the best advocate of the final.

Overall, 72 teams from around the world advanced to the Global rounds, 28 participating in the virtual group phase 28-30 October and 42 in-person at King’s College in London, 3-6 November; 2 teams scheduled for London became the victims of “visa limbo”; for another, the University of Lagos, only one student received a visa but with a student from Paris Bar School they were able to acquit themselves admirably in London (numerous inspiring stories of students overcoming great obstacles to take part are for another time).

Increasing international investment, the proliferation of international investment treaties, domestic 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. ICSID) for resolving related disputes. These disputes involve not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. The FDI Moot helps future lawyers attain a practical understanding of these issues. The case and hearings offer a unique forum for academics and practitioners from around the world to discuss developments - and assess emerging talents.

What characterises the FDI Moot? It's about arbitration - so like the Vis? It involves public international law – so like the Jessup? Well, while we agree that the FDI Moot unites some characteristics of these renowned competitions, FDI Moot also introduces other aspects of international dispute resolution and business law, like foreign investment(duh!), corporate structures & procedures, licensing, environmental law, IP, damages,... The FDI Moot also has some special features – its Globals are in November and the Global venue rotates among major world dispute resolution centres. Teams compete under aliases to avoid (perceived) biases in favour of (or against) famous universities. And of course our competitors and arbitrators are the BEST :-)

The FDI Moot spans approximately four months each year in two phases, written memorials for claimant and respondent due in September and the oral hearings in late-October/early-November. Regional or national rounds (Africa, Asia Pacific, South Asia, China, Vietnam, ...) in July and August may precede these, and several pre moots (non-competive practice) are held in late-September and October.

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