Farah Afifa: FOREIGN DIRECT INVESTMENT MOOT 2021

Hi, this is a long overdue post. I have procrastinated a lot. Since, it's new year's eve, I just had to post this one before 2022.

Back in October and November 2021, I joined my last moot competition. Sad but just had to because final year of degree is tough.

I joined the Foreign Direct Investment International Arbitration Moot the (“FDI Moot"). Due to the COVID-19 pandemic, 2021 FDI Moot Global Rounds in Seoul was held as an entirely virtual Round. So yeah it's still the same experience, virtual moot since 2019. My team and I joined the St Petersburg FDI Pre-Moot 2021 virtually as well. The FDI Moot is actually an annual competition that helps law students attain a practical understanding of the issues that arise out of these obligations between host States and foreign investors. To be honest, it was a new area of law for me. It was pretty difficult at first. Especially during the research stage.

The 2021 FDI Moot case deals with an aviation sector investment (privatization program), which falters due to circumstances that the investor attributes to the economically distressed host State. The ensuing arbitration pursuant to a “new-generation” investment agreement and under the ICSID Arbitration (Additional Facility) Rules raises questions of the investor’s standing (due to the involvement of the home State), of amicus brief admissibility, of the use of an MFN provision, of the nature of FET claims and of appropriate standards of compensation. My part was mostly on the issue of investor's standing and the amicus brief admissibility.

St Petersburg FDI Pre-Moot 2021 (23-24 October 2021)

There were 24 teams altogether for the pre-moot. It was a golden opportunity for us to sharpen our arguments and practice our presentation before the global rounds. I gained so much insights from the arbitrators consisting of academicians, lawyers and arbitrators.

FDI Moot Global Rounds 2021 (28 October – 3 November 2021)

My team and I gathered at our university so that we can moot together. It was so fun, 2 years online learning from home and finally going back to the university for just for few days made me so happy. We made it to Round 16 in the global rounds. I was super happy but that round was conducted at 11pm-1am.

Look at my sleepy face. We lost this round and couldn't make it to quarter finals. Our opponents made it to the final round and literally won the whole competition. They were superb!!