The HSE University Faculty of Law team made a strong showing at the Frankfurt Investment Arbitration Moot Court (FIAMC)
The competition brings together law students from around the world each year and is devoted to the oral presentation of legal arguments in an investment dispute before an arbitral tribunal composed of specialists in international law and investment arbitration.
Each year, the FIAMC moot problem addresses complex issues of international investment law, State responsibility and the procedural aspects of investment arbitration. This year's problem was based on the historical events surrounding the Black Tom explosion of 1916 and the international legal disputes over compensation for the resulting damage. Participants had to address a dispute brought by a minority shareholder of an American railway company Prince Obolensky against a State in connection with an alleged breach of international investment-protection standards. Within the case, the teams analyzed questions of the arbitral tribunal's jurisdiction, the admissibility of the investor's claims, the interplay between investment arbitration and mechanisms of diplomatic protection and previously concluded inter-State proceedings, as well as questions of evidence, the assessment of damages, the calculation of interest and the limits of compensation. Particular attention was paid to procedural aspects of the proceedings, including the admissibility of evidence and the requirements of independence and impartiality of arbitrators.
This year, the HSE University team comprised four students of the Faculty of Law:
- Angelina Vasiltsova — Bachelor's degree in Law, 4th year;
- Marina Lokshina — Master's degree “Lawyer in Business”;
- Nikita Pestikov — Bachelor's degree in Law, 3rd year;
- Ivan Saenko — Bachelor's degree in Law, 5th year.
The team was coached by Elizaveta Novichkova and Roza Ivanova.
In preparation for the competition, the team held a series of practice rounds with teams from Peking University, the University of Cambridge and Université Paris 1 Panthéon-Sorbonne. The online round with the Université Paris 1 Panthéon-Sorbonne team was hosted by KIAP. The team also held in-person practice rounds with the team from Lomonosov Moscow State University at the offices of BGP Litigation and Aitkulov and Partners.
In the final standings, the HSE University team secured 13th place, becoming the best team from the CIS.
Members of the team shared their impressions of the competition:
“The competition gave me an invaluable opportunity to try myself as a party to an investment dispute, to be heard by recognised experts in investment arbitration and to receive their feedback, to plead in the offices of international law firms in Germany's financial centre, and to meet professionals from around the world — this is the kind of unique experience that only an international competition can offer, and it is an experience I sincerely wish for everyone to have!” said Marina Lokshina.
“The competition allowed us to plead before world-class practitioners on topical issues of investment law. FIAMC is a competition with strong distinctive features, both in its case and in its rules of oral pleading, which demanded far more theoretical work on the positions but at the same time allowed us to gain more skills and knowledge and made participation more rewarding” said Ivan Saenko.
Angelina Vasiltsova noted that “the competition is excellent in that it significantly develops one's oratorical skills; it also offers a wonderful opportunity to test one's abilities in a professional environment, to apply the law to a real (and even historical) dispute, to meet leading specialists in the field and to be inspired by their experience and expertise. The competition lets you see arbitration at the international level and feel like a part of it.”
“Taking part in FIAMC allowed me to deepen my knowledge of investment law and to meet very strong and open-minded people from different universities and legal cultures. Especially valuable were the atmosphere of the competition, the interaction with the teams and arbitrators, and the sense of a genuine international professional community. The preparation and the pleadings helped me become more confident in public speaking, learn to respond to questions more quickly and work better as a team. It was precisely this environment — a combination of a high level of discussion and a friendly atmosphere — that made the competition truly memorable” emphasised Nikita Pestikov.
The team's preparation is supervised by the Department of International Law of HSE University.
The team is grateful to Aitkulov and Partners, LGS Legal Services, BGP Litigation and KIAP for the support that made participation in the competition possible.
Special thanks go to Aitkulov and Partners, BGP Litigation and KIAP for providing venues for the practice rounds, and to the HSE University Faculty of Law for its support of the team.
The team also extends its special thanks to Artem Kasumyan, Senior Associate at Delcredere (Moscow City Bar Association), for his repeated assistance as a guest arbitrator in several friendly rounds and team practice sessions.
