Foreign Direct Investment
International Arbitration Moot

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. The FDI Moot spans approximately six months each year in two phases, written memorials for claimant and respondent and the hearing of oral argument with regional or national rounds for Asia Pacific (Seoul), South Asia (New Delhi), Kenya (Nairobi), Ethiopia (Dire Dawa) and Viet Nam (Ho Chi Minh City), and pre moots in Budapest, St Petersburg, Sao Paulo and Warsaw.

Global Orals 2019 University of Miami School of Law

Results

2019 Champions

2019 Finalists St Petersburg and MGIMO
St Peterrsburg and MGIMO teams with Carolyn Lamm. Credit: Participant Upload.

A distinguished panel of Carolyn Lamm, Luis O’Naghten and Cristina Cárdenas determined St Petersburg State University (Russia) to be the Champions of the 2019 FDI Moot’s Global Oral Final and recipient of the Skadden, Arps Trophy. MGIMO University (Russia) team achieved 2nd place.

The tribunal found Nika Vartanova of St Petersburg to have been the Best Advocate of the Final.

The 2019 FDI Moot case involved the Respondent State blocking social media platforms for their alleged part in fomenting civil unrest. The three Claimants alleged expropriation and violation of fair and equitable treatment, while the Respondent objected to the ICSID tribunal’s jurisdiction on the basis of its denunciation of the ICSID Convention and the plurality of Claimants. The Respondent also sought to enjoin the Claimants’ international media campaign against it while the proceedings were in progress.

In the match for 3rd place, Singapore Management University School of Law prevailed over National and Kapodistrian University of Athens (Greece) in a hearing before Carlos Concepcion, Silvia Marchili, and Mark Kantor.

The Best Written Submissions

After review of all memorials by six judges each in three rounds, the following were determined to be the best FDI Moot written submissions of 2019.

Claimant Memorials:

• 1st Rank: University of Ottawa (Canada)

• 2nd Rank: University of Buenos Aires (Argentina)

• 3rd Rank: Paris Bar School (France)

Respondent Memorials

• 1st Rank: Higher School of Economics (Russia)

• 2nd Rank: Saarland University (Germany)

• 3rd Rank: University of Ottawa (Canada)

Best Damages Memorial
cash prize sponsored by Global Financial Analytics LLC

Higher School of Economics National Research University (Russia).

Advocates

Thomas Wälde Award for Best Advocate
of the four preliminary rounds

Peter Knowlton (University of Ottawa, Canada).

Honourable Mention Advocates (in alphabetical order)

• Vishakha Choudhary (Saarland University, Germany)

• Lukas da Costa Irion (Federal University of Rio Grande do Sul, Brazil)

• Mitchell Dorbyk (University of Ottawa, Canada)

• Quinn Giordano (University of Ottawa, Canada)

• Natalia Jaramillo (University of Miami, United States)

• Natalia Kovalkova (St. Petersburg State University, Russia)

• Joy Mvatie (Strathmore University, Kenya)

• Lucia Vilaseca (University of Montevideo, Uruguay)

• Mishael Wambua (Strathmore University, Kenya)

The Manuela Béltran Award for the Best Woman Advocate from a Developing Country
cash prize sponsored by José Manuel Álvarez Zárate

Joy Mvatie (Strathmore University, Kenya).

It is worth mentioning that after a delayed visa interview in Nairobi and more than 20 hours of travel, Joy landed at Miami International Airport less than two hours before her first hearing started.

(and that Strathmore's opponents in that match, University of Miami, had kindly agreed to delay the hearingh until late Friday.)

The Highest Ranked Teams

The Highest Ranked team of the FDI Moot is determined on the total of each team’s four preliminary round oral scores combined with its claimant and respondent memorial scores. In 2019, this was University of Ottawa (Canada) followed by 2nd Saarland University (Germany), and 3rd Saint Petersburg State University (Russia)

The Highest Ranked team from a developing country
cash prize sponsored by Baker McKenzie

Strathmore University (Kenya).

The 2020 FDI Moot case will be published in January. Next year’s FDI Moot Globals will be hosted 6-9 November in Seoul, Korea by KCAB INTERNATIONAL. We hope to see you there or at one of the Regionals or Nationals!

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