Foreign Direct Investment International Arbitration Moot


Foreign Direct Investment International Arbitration Moot

2024 Globals in Berlin 1-4 November 2024

FDI Moot co-founder the Deutsche Institution für Schiedsgerichtsbarkeit (DIS) will host the 2024 Globals at the renowned Humboldt-Universität zu Berlin.

Participation in the 2024 Globals is based on in-person attendance. Team members needing visas are encouraged to start their applications at least 3 months in advance. A team may apply for the in-person requirement to be waived on grounds such as visa, health & safety, or financial restrictions. The application deadline is 1 September: Application Form. Waiver entails the virtual participation of the entire team.

(a) If 5 or more teams are granted waivers, those teams may be scheduled to compete in a virtual Global Group Phase one week prior to the in-person Global Group Phase;
(b) If less than 5 teams are granted waivers, those teams may be scheduled to compete in hybrid hearings against in-person teams during the in-person Global Group Phase.

The remote teams advancing from (a) or (b) will compete in hybrid matches in the Global Elimination Phase (R32 or R16 onwards).

The All Africa Regional will be held virtually 23-25 Aug 2024 (TBC).

The South Asia Regional will be held in-person at Lloyd Law College, Greater Noida, India 23-25 Aug 2024 with in-person waiver possible on the same terms as for the Globals.

In 2024, teams from Asia-Pacific countries participate directly in the Globals in Berlin paying their usual registration fee.

Topic

The FDI Moot has become the premier investor-State arbitration Moot. Investor-State arbitration (ISA) remains the most effective remedy for foreign investors to ensure that host States do not discriminate against them, treat them fairly, and with due process, and that host States keep their promises to foreign investors. ISA generally encourages rule of law, due process, and transparency. ISA tribunals often have to weigh the impacts of policy changes, domestic and international conflicts on investments and balance competing international and domestic interests and legal instruments. Host States must be cognizant of their international investment protection obligations when regulating, often not so much in what their domestic objectives are but in how they pursue those with transparency, consistency, and predictability.

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.

Timing

The FDI Moot Global Rounds are in first week of November. Global teams submit claimant and Respondent memorials in September. There are mixed qualifying/financing rounds for Africa, Asia Pacific, and South Asia in August, in some cases preceded by National Rounds (China, Egypt, Vietnam). See also https://fdimoot.org/calendar.php

Partner institutions (participating universities, arbitration centres) organize (non-competitive practice) pre moots in late-September and October.

Venue

The Global venue rotates, e.g. 2022 in London, 2023 in Lucknow, 2024 in Berlin, 2025 in Boston, ....

The Regional venues have become virtual due to the pandemic and our awareness of travel costs and carbon footprint concerns. See also https://fdimoot.org/regionals.php

Costs

Teams pay registration fees that differ depending on their home country’s income level and whether they are participating directly in the Globals or via a Regional or National Round. See also https://fdimoot.org/teams/

Teams competing in person must bear their own travel and lodging costs. Limited stipends from the Thomas Wälde Fund are available to assist low- and middle-income teams with part of their travel costs; application forms sent to low- and middle-income teams after those advancing to the Globals are determined in the Regionals.

Teams

See Rules, 3.1. Team Composition https://fdimoot.org/Rules.pdf#page=4