Chartered Investor-State Arbitration Professional

Chartered Investor-State Arbitration Professional (CHISAP) 

A Professional Specialized Skill Training Program by Indian Arbitration Institution (IAI)

• Eligibility: Any Basic Qualification or any Formal Education with Post Graduate Diploma or Masters along with any prior work experience.

• Total Fees: Rs. 10,000/-
  (Everything Included from Admission, Course Fees and Delivery of Certificate, no additional Fees Apart from it)

• Mode: Online

• Study Material:  Will be provided through Learning Dashboard/Portal

• Learning Type: Self Paced

• Duration:  3 Months (Preferably, but can be completed anytime as soon as you give the Exam)

• Enrollment:  Any Time, there is no Fixed Enrolment Date or Day. A candidate can choose any time and the enrolment will be processed real time.

• Exam: One Online Exam, MCQ and Subjective Type Questions of 100 Marks. Passing Marks 40%. If unsuccessful, you can give additional two attempts.

• Procedure: Fill the Apply Now Form →  Pay the Requisite Amount of Fees by Clicking Pay Now Button → Then Click on Payment Confirmation button and fill the form with all the Details → Then login to the Dashboard.

Course Overview

Investor-State Dispute Settlement (ISDS) sits at the high-stakes intersection of public international law, sovereign governance, and private foreign investment. The Chartered Investor-State Arbitration Professional (CHISAP) designation, conferred by the Indian Arbitration Institution (IAI), is an elite, practice-oriented training program developed for senior legal practitioners, corporate counsel, arbitrators, and policy experts. It aims to bridge the gap between commercial dispute resolution and the specialized, treaty-based mechanisms governing sovereign state disputes.

As cross-border investment flows encounter regulatory shifts, geopolitical friction, infrastructure transitions, and national security interventions, investment treaty claims continue to escalate worldwide. The CHISAP curriculum equips candidates with the procedural, substantive, and tactical tools required to represent both foreign investors and sovereign respondents. The course offers an exhaustive analysis of International Centre for Settlement of Investment Disputes (ICSID) proceedings, UNCITRAL arbitration rules under bilateral and multilateral investment treaties, and modern investment chapters within comprehensive trade agreements.

Participants study the interpretation of key treaty protections, including Fair and Equitable Treatment (FET), direct and indirect expropriation, Full Protection and Security (FPS), and Most Favoured Nation (MFN) provisions. The program also examines jurisdictional challenges, such as the definition of an "investment" under Article 25(1) of the ICSID Convention (the Salini test), legitimate expectations, sovereign regulatory carve-outs, third-party funding dynamics, emergency arbitrator relief, and the calculation of quantum damages.

Beyond doctrine, CHISAP stresses the mechanics of case strategy: drafting requests for arbitration, jurisdictional objections, witness statements, document production (under IBA Rules), and evidentiary burdens. Furthermore, it details post-award remedies, spanning ICSID annulment procedures, non-ICSID setting-aside proceedings in domestic courts, and worldwide enforcement strategies governed by the 1958 New York Convention against sovereign assets.

Designed and vetted by seasoned arbitration practitioners, the CHISAP designation establishes professional mastery in managing complex, multi-million-dollar cross-border investor-state proceedings.

Course Structure and Modules

The tentative modules are as follows:

Module 1: Foundations of International Investment Law & Treaty Frameworks

• Evolution of international investment treaties (Bilateral Investment Treaties, MITs, TIPs).

• The interplay between municipal law, public international law, and international arbitration.

• Interpretation of investment treaties under the Vienna Convention on the Law of Treaties (Articles 31–33).

Module 2: Substantive Investment Protections & Sovereign Defences

• Fair and Equitable Treatment (FET) standards and the doctrine of legitimate expectations.

• Expropriation: Distinguishing direct, indirect, regulatory takings, and police powers.

• National Treatment, Most-Favoured-Nation (MFN) treatment, and Full Protection and Security (FPS).

• Defences: Necessity, force majeure, national security exceptions, and environmental/public health carve-outs.

Module 3: Jurisdiction, Admissibility, and Arbitral Competence

• Establishing consent: Treaties, investment contracts, and national investment legislations.

• Defining "Investor" (corporate nationality, round-tripping, veil piercing) and "Investment" (the Salini criteria).

• Admissibility issues: Multi-tier dispute clauses, cooling-off periods, fork-in-the-road clauses, and corruption allegations.

Module 4: Institutional Frameworks & Procedural Rules (ICSID, UNCITRAL, PCA)

• The ICSID Convention and procedural mechanics: Conciliation vs. Arbitration.

• Ad-hoc proceedings under UNCITRAL Arbitration Rules administered by the PCA or ICC.

• Constitution of the tribunal, challenges to arbitrators (IBA Guidelines on Conflicts of Interest), and tribunal secretaries.

Module 5: Evidence, Procedure, and Tactical Case Management

• Evidentiary management: IBA Rules on the Taking of Evidence in International Arbitration.

• Third-Party Funding (TPF): Disclosure obligations, conflict checks, and security for costs.

• Provisional measures and emergency arbitrator procedures against sovereign states.

Module 6: Quantum, Valuation, and Financial Damages Assessment

• Principles of full reparation under the Chorzów Factory standard.

• Financial methodologies: Discounted Cash Flow (DCF), historical cost, liquidation value, and market multiples.

• Pre-award and post-award interest, compound interest models, and managing expert accounting witnesses.

Module 7: Annulment, Set-Aside, and Review Proceedings

• The self-contained ICSID annulment mechanism (Article 52 grounds, ad hoc committees).

• Setting aside non-ICSID awards at the seat of arbitration under the lex arbitri.

• Sovereign immunity from jurisdiction versus sovereign immunity from execution.

Module 8: Recognition, Enforcement, and Strategic Asset Tracing

• Enforcement of ICSID awards (Article 54) vs. New York Convention enforcement of ad-hoc awards.

• Identifying attachable state assets: Commercial assets vs. diplomatic/central bank immunity.

• Contemporary ISDS reforms: UNCITRAL Working Group III, Multilateral Investment Court (MIC), and appellate mechanisms.

Importance of Doing this Course

Investor-State arbitration represents one of the most lucrative and complex branches of international dispute resolution. Traditional commercial arbitration programs rarely address the nuanced doctrines of public international law, sovereign immunity, and treaty interpretation that govern disputes involving states. The CHISAP program provides the focused, high-level training necessary to operate within this domain.

First, global regulatory developments—spanning the energy transition, changes in sovereign taxation, natural resource policies, and sanctions regimes—have led to a surge in cross-border disputes between multinational investors and host governments. Legal teams, corporate entities, and state agencies increasingly require practitioners who understand both sovereign defense strategies and investor rights enforcement.

Second, the program covers the full lifecycle of an investment claim, from the initial notice of dispute and jurisdictional challenges to quantum analysis and sovereign asset recovery under the New York Convention. Master’s degrees and general law credentials frequently focus on abstract theory; CHISAP concentrates on operational execution, showing practitioners how to draft memorials, evaluate expert valuation reports, and navigate procedural rules.

Finally, earning the CHISAP credential from the Indian Arbitration Institution signals verified competence to international law firms, multinational corporations, litigation funders, and government ministries. It demonstrates a dedicated command of the substantive law, institutional rules, and procedural discipline required to manage multi-jurisdictional investor-state disputes.

Career Prospects

The Chartered Investor-State Arbitration Professional (CHISAP) credential opens direct pathways to advanced roles across the cross-border dispute resolution ecosystem:

• International Arbitration Counsel: Lead or support specialized practice groups in top-tier domestic and global law firms handling investor-state and state-to-state claims.

• In-House Legal Counsel for Multinationals: Direct dispute resolution strategies, evaluate treaty protections for overseas investments, manage external counsel, and assess geopolitical risks for international businesses.

• Government Legal Counsel & State Advisors: Represent ministries of external affairs, commerce, finance, and state attorneys general in defending sovereign interests, negotiating bilateral investment treaties, and mitigating treaty liabilities.

• Independent Arbitrator & Tribunal Secretary: Build credentials toward appointments as tribunal secretary, sole arbitrator, or co-arbitrator in ad-hoc and institutional investment proceedings.

• Litigation Finance Investment Manager: Serve as an investment officer or legal analyst for third-party litigation funding firms, assessing the merits, quantum, and recovery viability of investor-state claims.

• Legal Consultant to Multilateral Organizations: Advise intergovernmental institutions (e.g., UNCTAD, World Bank, regional development banks) and international arbitration institutions on dispute settlement policy and reform initiatives.

Necessary Details

The Indian Arbitration Institution offers the CHISAP credential through a flexible, practitioner-focused delivery model that allows working professionals to balance demanding schedules with specialized study.

Eligibility Applicants must hold:

• Any Basic Qualification or Formal Education with a Post Graduate Diploma or Master’s Degree, along with prior professional work experience.

This program is geared toward practicing advocates, corporate attorneys, in-house legal counsel, civil servants, chartered accountants, financial consultants, and dispute resolution specialists seeking specialized credentials in international investment disputes.

Total Fees The all-inclusive fee for the program is Rs. 10,000/-. This fee covers the entire program lifecycle: admission processing, full course curriculum access, examination administration, and the physical printing and courier delivery of the final professional certificate. There are no additional or hidden charges.

Mode and Study Material The program is delivered entirely Online. Enrolled participants receive dedicated access credentials to the IAI Learning Dashboard/Portal. Complete Study Material—including treaty analyses, procedural guides, case law digests, quantum briefs, and drafting samples—is available directly through the portal for review and reference.

Learning Type and Duration The training follows a Self-Paced learning methodology. While the standard recommended study timeline is 3 Months, candidates may progress at their own speed. The course can be completed as soon as the candidate feels prepared and submits the final examination.

Enrollment Enrollment remains open Any Time throughout the year. There are no fixed enrollment cycles or deadlines. Applications are processed in real time, granting immediate portal and curriculum access upon confirmation.

Examination Structure The credential requires passing One Online Exam carrying a total of 100 Marks, comprising both Multiple Choice Questions (MCQs) and Subjective analytical questions.

• Passing Marks: 40%

• Re-attempt Policy: Candidates who do not secure the qualifying marks on their first attempt may take up to two additional attempts at no additional cost.

Step-by-Step Procedure

1. Fill out and submit the official Apply Now Form on the IAI portal.

2. Remit the fee of Rs. 10,000/- by clicking the Pay Now button.

3. Click the Payment Confirmation button and submit the verification form with the required transaction details.

4. Log into the Learning Dashboard to access the modules and begin the course.