Webinar on Armed Conflict and Protection of Foreign Investments

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YEREVAN, Armenia — On February 8, 2021, the Master of Laws (LL.M.) program’s Alternative Dispute Resolution (ADR) Clinic hosted a webinar on the Armed Conflict and Protection of Foreign Investments. The presenters were international law firm partners with extensive experience in the practice of international dispute resolution.

The webinar commenced with a presentation by Alexander Yanos, co-chair of the International Arbitration and Dispute Resolution Team at Alston & Bird LLP. Exploring potential investment treaty disputes resulting from the recent hostilities in Nagorno Karabakh, the speaker drew lessons from the Crimea within the existing investment treaty framework applicable to Artsakh investments, succinctly introducing the investment arbitration treaty regime.

In his presentation, Yanos explored possibilities of submitting investment treaty claims against Azerbaijan under several international investment instruments. More importantly, he drew an analogy with the Crimean annexation and the Artsakh scenario, where he analyzed the resulting 13 Crimean arbitrations and demonstrated in detail how arbitration proceedings could be initiated against Azerbaijan over the lost Armenian investments.

The next presenter was Egishe Dzhazoyan, a partner at the London office of King & Spalding. In a discussion titled Effects of Armed Conflicts on Treaties: War over Peace?, Dzhazoyan provided a comprehensive analysis of the Vienna Convention of the Law of Treaties and Draft Articles on the Effects of Armed Conflicts on Treaties in relation to the outbreak of the recent armed hostilities in Artsakh. More specifically, the speaker argued that the Artsakh War could have resulted in the suspension or termination of investment treaty provisions given that certain conditions were met. Dzhazoyan, also discussed the possible suspension/termination of some provisions of the Russia-Armenia Bilateral Investment Treaty in the context of the Sotk Mine dispute.

The webinar was followed by Q&As moderated by LL.M. Program Chair Adelaida Baghdasaryan.

Founded in 1991, the American University of Armenia (AUA) is a private, independent university located in Yerevan, Armenia, affiliated with the University of California, and accredited by the WASC Senior College and University Commission in the United States. AUA provides local and international students with Western-style education through top-quality undergraduate, graduate, and certificate programs, promotes research and innovation, encourages civic engagement and community service, and fosters democratic values.