Case Committee 2017
Each year's FDI Moot Case Committee begins its work the preceding June. Liaising with the FDI Moot's Board and Organisers, it develops a fact scenario and procedural background. Generally, the case evolves on the basis that the home and host State are parties to an IIA (BIT, MIT, etc), the New York Convention of 1958 and the Washington (ICSID) Convention of 1965.Generally, each year's case will involve one or two "procedural" issues (e.g. jurisdiction, admissibility, interim measures, disqualification of arbitrator) and one or two "substantive" issues (e.g. expropriation, denial of justice, discriminatory treatment, violation of fair and equitable treatment and/or full protection and security standards). The Case Committee submits its final draft to the FDI Moot Organisers and Board for approval at the end of the preceding year, and the case is then published in February each year. The Case Committee remains responsible for responding to any requests for clarification (if scheduled) between June and August of each year.
The 2017 FDI Moot case considers how Mercuria, a State faced with a "greyscale" epidemic, has treated a foreign investor, patent-holder of the active ingredient in an effective greyscale treatment, by first breaching a supply agreement, which was the basis for the investor's production facility investments in Mercuria, and failing to enforce the consequent arbitration award and by then granting a compulsory license to a state-owned manufacturer.