The DIS, jointly with the Humboldt-Universität zu Berlin, hosted the 2024 Global Finals of the Foreign Direct Investment (FDI) Moot in Berlin from 1st to 4th November 2024.
As one of the five founding (and supporting) institutions of this premier international investor-state arbitration competition, the DIS was delighted to welcome 68 teams from all over the globe to Berlin, as well as many German and foreign colleagues who acted as arbitrators and coaches. In his opening speech the DIS-Chairman Prof. Kröll emphasized that the involvement of the DIS in this student event - alongside with the Center for International Legal Studies Salzburg, King's College London, Suffolk University Law School, Boston and Pepperdine University Law School, Malibu – showed the commitment of the DIS and its members to the training and education of the next generation of arbitration practitioners.
The case prepared by an international team of authors dealt with a satellite internet company that claimed to have been expropriated by the host State through a series of actions taken by multiple agencies (including the host State’s Space Agency, National Frequency Agency and Department of Defence) for environmental and national security reasons. The Respondent, in this instance, naturally challenged the temporal jurisdiction of the Tribunal and requested an order for security for costs. The Tribunal was also asked whether it had the power to draw adverse inferences from noncompliance with a document production order.
After multiple days of challenging pleadings, the FDI Moot finals were an all-Indian affair, with O.P. Jindal Global University prevailing over Christ University, persuading a high-profile international tribunal comprising Prof. Andrea Bjorklund (Canada -presiding), Shay Lakhter (US / Israel) and the DIS-Board Member Dr. Richard Happ.
The National University of Kyiv-Mohyla Academy took the 3rd place, ahead of Hidayatullah National Law University. Other prices went to Universitas Airlangga (“Highest Ranked” Team/Best Claimant Memorandum), University of Johannesburg (Best Respondent Memorandum), Jody Nicholas Simandjuntak of Universitas Indonesia (Best Advocate Award) and Jianna Bajaj of O.P. Jindal Global University (Best Advocate of the Final).
According to the participants and judging by the social media coverage, the Moot was a resounding success, which was made possible by the strong engagement of the Humboldt LL.M. Program and the local Berlin (and Hamburg) Arbitration Community. They provided office space for the hearings, participated as arbitrators and organized networking and other events for all participants.
The next edition of the FDI-Moot will be held in 2025 in Boston, USA and one hopes to see, once again, a strong German presence of the DIS and its members there.
Stefan Kröll
