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CPD Course:
State-Owned Enterprises
and Dispute Resolution

Presented by
Dr. Dini Sejko,
MCIArb,
Mediator, Lecturer,
Hong Kong University of Science
and Technology, Business School

State-Owned Enterprises and Dispute Resolution
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Code: EVT000000385 Level: Intermediate
Date: 30 August 2023 (Wednesday)
(Amended)
Language: English
Time: 14:30 - 17:45
(Reception starts at 14:00)
Accreditation(s): LSHK 3.0 CPD Points
Venue: Request for Rerun:
Please Contact Us for Details
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Presenter's Profile:
Dr. Dini Sejko

Dr. Dini Sejko is an academic and consultant.  He works on international economic law issues, exploring challenges and regulatory transformations triggered by sovereign investors, and sustainable development.

Dr. Sejko teaches "Transnational Legal Issues and Dispute Settlement" at the Hong Kong University of Science and Technology, Business School.  He has also taught courses on Private International Law, International Business Transactions, and Investment Arbitration.  Dr. Sejko is a research affiliate at The Fletcher Network for Sovereign Wealth and Global Capital, Tufts University.

For his research on the impact of sanctions on the governance of the Libyan sovereign wealth fund, Dr. Sejko received the Society of International Economic Law PEPA Best Paper Award 2018.  Dr. Sejko is the author of the forthcoming book "The Transnational Law of Sovereign Wealth Funds: Governing State Capitalism at the time of Protectionism" in contract with Edward Elgar Publishing and is co-editor of "The Regulation of State-Controlled Enterprises: an Interdisciplinary and Comparative Examination" published by Springer.  His research has appeared or will appear as articles in the American University International Law Review, Transnational Dispute Management, Vanderbilt Journal of Transnational Law, Israel Law Review, Global Trade and Customs Journal, and book chapters published by Springer & Routledge.

Dr. Sejko has spoken at high-level conferences organised at Oxford University, the British Institute of International and Comparative Law, University College London, King’s College London, Peking University, etc.  He has held visiting research positions at the University of Melbourne, King’s College London, and the University of Leeds.

Course Outline:

State-owned enterprises (SOEs) are prominent global actors in foreign direct investment (FDI) flows.  Their investments cover virtually all sectors, from the more traditional forms and industries, such as infrastructure and heavy industries, to the more dynamic and fast-growing sectors, such as tech and biomedicine.  However, the close connection of SOEs with the state of origin and the geo-economic considerations attached create national security concerns that exacerbate their relationship with the investment recipient states.  Increasingly these concerns are escalating into disputes between SOEs and their partners.  Disputes can take different forms, but it is of notice that in the past decade, there has been a spike in SOEs using international investment arbitration to solve their disputes.

This course reviews the different dispute resolution options for SOE focusing on international investment arbitration.  The course examines in detail the application of different arbitration rules to SOEs assessing differences between the International Centre for Settlement of Investment Disputes (ICSID) and non-ICSID arbitration.

The course is organised as follows:

  • Concept of SOEs
  • Dispute resolution mechanisms available to SOEs
  • World Trade Law and WTO disputes
  • International commercial arbitration
  • Investment disputes
  • SOEs in investment treaties
  • ICSID and non-ICSID arbitration
  • Art. 25 ICSID - a threshold to SOE?
  • Examining the case law and Jurisprudence constante
  • Attributing SOEs act to the state of origin
    1. The role of Customary International Law and articles of innovative approaches and instruments to assess the owner’s role in sovereign investors’ transactions and prevent distortions of the Centre’s jurisdiction
  • Concluding remarks
  • Discussion

This course is provided by:  Kornerstone Limited
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