The guest speaker for the session was Mr. Shreyas Jayasimha, co-founder of Simla Law. He began the session by tracing the growth of investment arbitration, and discussed the role of the political and economic climate on its development in different nations. He discussed the roles of the Host State and the Investor State in an investment arbitration. He also covered the changing role of ISDS with the onset of climate change & COVID. Mr. Jayasimha gave a quick overview of Treaty shopping, and further spoke about the seat and scope of international investment arbitration. He went over the tests used to determine a legal entity’s nationality as well as the arbitration’s preconditions.
Mr. Jayasimha identified a type of conflict of interest called “issue” conflicts that have evolved as a result of investment arbitration. He briefly described provisional measures and the procedure of proceedings. The session ended with a brief discussion about the intersection of ISDS with general international law.