27 November 2017

Dothan, Jemielniak and Ünüvar obtain Carlsberg Conference Grant

Shai Dothan, Joanna Jemielniak and Güneş Ünüvar (iCourts) obtained a 57.000 DKK Carlsberg Grant for a conference on investment courts.

The conference “Investment Courts: Challenges and Perspectives” will take place on February 1-2. Its purpose is to study the novel phenomenon of investment courts and court-like mechanisms, and the dangers and advantages this phenomenon entails. The conference is organized by iCourts - Centre of Excellence for International Courts, Faculty of Law, University of Copenhagen and convened by Joanna Jemielniak, Shai Dothan, and Güneş Ünüvar.

Suggestions for the creation of permanent investment courts have been around for decades, but it is only recently that such suggestions may materialize into functioning investment courts. In particular, the European Commission has been pushing for a court-like mechanism to resolve investment disputes in several recent trade negotiations, including Free Trade Agreements (FTAs) that the European Union (EU) signed with Vietnam (EU – Vietnam FTA) and Canada (Comprehensive Economic and Trade Agreement (CETA)). More recently, parties to the EU – Singapore FTA have decided to renegotiate the dispute settlement provisions to include a similar court-like mechanism.

Will these developments actually lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change of adjudicatory mechanisms? Will they introduce a ‘hybrid’ system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? To address these questions, this conference will bring together leading scholars sharing a common interest in investment courts.