Foreign Direct Investment International Arbitration Moot

Participation in the 2023 Globals is based on in-person attendance. A team may apply for the in-person requirement to be waived on grounds such as visa, health & saftey, or financial restrictions. The application deadline is 1 September: Application Form. Waiver entails the virtual participation of the entire team. 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; the teams advancing from the virtual Global Group Phase will compete in virtual or hybrid matches in the Global Elimination Phase (R32 or R16 onwards).

The All Africa Regional will be virtual (as prior to and during the pandemic).

The Asia Pacific Regional and South Asia Regional will remain virtual in 2023.

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; in 2022, it returned to being in person (London) but with a virtual option; in 2023 it will be in Lucknow (with the possibility of waiving the in-person requirement for public, health, visa restriction or cost reasons).

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