Doctoral Research Skill in Treaty Arbitration

Doctoral Research Skill in Treaty Arbitration (DRSTA2) 

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

• Eligibility: Any Basic Qualification or any Formal Education with Masters and any research or work experience.

• Total Fees: Rs. 9,500/-
  (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

Treaty arbitration operates at the dynamic intersection of public international law, sovereign prerogative, and cross-border commercial dispute settlement. The Doctoral Research Skill in Treaty Arbitration (DRSTA2), developed by the Indian Arbitration Institution (IAI), is an advanced, post-master’s skill-training program designed to cultivate sophisticated, high-level research capabilities in the field of International Investment Agreements (IIAs) and Investor-State Dispute Settlement (ISDS).

Modern treaty arbitration is undergoing unprecedented transformation, marked by structural debates surrounding the legitimacy of arbitral tribunals, multilateral investment court proposals, regulatory chill, third-party funding transparency, and environmental counterclaims by host states. Navigating this shifting landscape requires specialized analytical tools far beyond conventional legal studies. The DRSTA2 curriculum equips scholars and senior dispute practitioners with the methodological precision, hermeneutical techniques, and critical legal theories required to conduct doctoral-level research, produce publication-ready scholarship, and shape international dispute discourse.

The course moves candidates systematically from doctrinal review to empirical and theoretical research design. Participants will explore the mechanics of Bilateral Investment Treaties (BITs), multilateral trade architectures, the Vienna Convention on the Law of Treaties (VCLT), and the procedural rules governing institutions like the International Centre for Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA). Rather than treating investment awards as isolated outcomes, the program provides frameworks to critique tribunal jurisprudence, trace jurisdictional boundaries, and assess systemic reform initiatives by bodies like UNCITRAL Working Group III.

Through intensive focus on problem formulation, advanced literature mapping, comparative case analysis, and research ethics, DRSTA2 guides candidates through the end-to-end process of designing and executing rigorous academic research. Whether working toward a doctoral dissertation, drafting complex institutional reports, or developing novel dispute defense strategies, scholars will emerge with the specialized expertise required to independently investigate, analyze, and contribute to international investment arbitration scholarship.

Course Structure and Modules

The tentative modules are as follows:

Module 1: Foundations of International Investment Treaties and State Sovereignty

• Historical evolution of international investment protection regimes and modern BIT networks.

• The balance between host state police powers, public interest regulations, and foreign investor rights.

• Sovereign immunity, attribution rules under ILC Articles on State Responsibility, and international state liability.

Module 2: Substantive Protections and Jurisprudential Developments

• Advanced doctrines of Fair and Equitable Treatment (FET) and Legitimate Expectations.

• Direct and indirect expropriation standards, police power doctrines, and regulatory takings.

• Full Protection and Security (FPS), National Treatment (NT), Most-Favoured-Nation (MFN) provisions, and Umbrella Clauses.

Module 3: Procedural Frameworks, Institutions, and Arbitral Jurisdictions

• The ICSID Convention and Additional Facility Rules: jurisdictional requirements under Article 25 (the Salini test).

• Ad-hoc arbitration under UNCITRAL Rules and PCA institutional administration.

• Jurisdiction, admissibility, fork-in-the-road clauses, and exhaustion of local remedies.

Module 4: Treaty Interpretation, Hermeneutics, and Customary International Law

• Application of Articles 31, 32, and 33 of the Vienna Convention on the Law of Treaties (VCLT).

• Evolutionary treaty interpretation, lex posterior, and systemic integration under Article 31(3)(c).

• Intersections between investment treaty obligations, human rights law, and international environmental commitments.

Module 5: Evidence, Procedure, and Contemporary Procedural Challenges

• Burdens and standards of proof in allegations of sovereign corruption, fraud, and misconduct.

• Third-party funding disclosure, conflict of interest rules, and tribunal disqualification protocols.

• Sovereign counterclaims, amicus curiae participation, and public transparency rules.

Module 6: Post-Award Remedies, Annulment, and Sovereign Asset Enforcement

• Annulment proceedings under Article 52 of the ICSID Convention versus setting-aside petitions under national arbitration laws.

• Enforcement under the 1958 New York Convention and sovereign immunity from execution.

• Practical strategies and asset-tracing methodologies across multi-jurisdictional enforcement battles.

Module 7: Systemic Reforms and Contemporary Theoretical Paradigms

• UNCITRAL Working Group III reform agendas: Multilateral Investment Court (MIC) and appellate mechanisms.

• New-generation Model BITs (including the Indian Model BIT and CPTPP/USMCA approaches).

• Third World Approaches to International Law (TWAIL), Marxist, and critical legal critiques of the ISDS regime.

Module 8: Advanced Doctoral Research Methodology, Proposal Design, and Academic Writing

• Formulating doctoral research questions, hypotheses, and theoretical frameworks in treaty arbitration.

• Empirical legal methods, arbitral award coding, qualitative case studies, and advanced literature reviews.

• Drafting a Ph.D. research proposal, navigating peer-reviewed journal submission (Scopus/Web of Science), and academic research ethics.

Importance of Doing this Course

Treaty arbitration is among the most intellectually demanding and specialized branches of international law. Standard master’s programs and general arbitration certificates rarely address the scholarly depth, procedural complexity, and methodological rigor demanded by high-level academic research and elite institutional practice. The DRSTA2 program fulfills this vital training gap.

First, this course directly strengthens candidates' ability to plan and defend high-level research. For candidates planning or pursuing a Ph.D., S.J.D., or post-doctoral fellowship, developing a viable, theoretically sound research proposal is the single most critical hurdle. DRSTA2 demystifies doctoral research design by training candidates to locate distinct research gaps, apply proper treaty hermeneutics, and structure methodologies capable of surviving doctoral defense committees.

Second, the program provides comprehensive fluency in the active global debate on ISDS reform. With states renegotiating or terminating investment treaties and multilateral bodies designing structural alternatives to ad-hoc tribunals, the field demands researchers who understand both technical doctrine and systemic policy implications. Candidates learn to evaluate substantive protection standards alongside real-world socio-economic impacts.

Finally, DRSTA2 elevates the practical analytical caliber of legal professionals. Practitioners and legal researchers gain the skills needed to write publishable academic manuscripts, draft detailed research memos on complex jurisdictional objections, and advise on sovereign dispute matters. Supervised under the auspices of the Indian Arbitration Institution, this certification stands as verified proof of specialized methodological ability in treaty dispute research.

Career Prospects

The Doctoral Research Skill in Treaty Arbitration (DRSTA2) certification equips researchers and professionals with the specialized credentials needed for high-impact roles across international law, academic research, and policy institutions:

• Doctoral and Post-Doctoral Researcher: Positions candidates as highly competitive applicants for funded Ph.D., S.J.D., and post-doctoral fellowship opportunities in international dispute settlement across premier global universities.

• University Faculty and Academic Lecturers: Strengthens credentials for tenured or contractual faculty, assistant professorships, and visiting academic appointments in international arbitration, trade law, and public international law departments.

• Think Tank Analysts and Policy Fellows: Opens opportunities in international policy institutes, legal think tanks, and law reform commissions examining investment treaties, sovereign risk, and dispute settlement reform.

• Arbitration Practice Groups and Specialist Law Firms: Provides international arbitration boutiques and dispute resolution practices with specialized research associates and of-counsels skilled in drafting jurisdictional briefs, award analysis, and investment treaty interpretation.

• Government Ministries and Sovereign Advisory Units: Equips legal advisors and consultants within Ministries of External Affairs, Commerce, Industry, and Law to participate in treaty negotiations, model BIT revisions, and state defense strategies.

• Intergovernmental and Multilateral Organizations: Enhances profiles for research officers, legal specialists, and consultancy roles within institutions like ICSID, UNCITRAL, UNCTAD, PCA, and regional arbitral centers.

Necessary Details

The Indian Arbitration Institution delivers the DRSTA2 program via a flexible, learner-centric digital platform tailored for busy professionals, working researchers, and advanced postgraduate scholars.

Eligibility Applicants must possess:

• Any Basic Qualification or Formal Education with a Master’s Degree (in Law, International Relations, Public Policy, Economics, or related disciplines), and

• Any prior research or work experience (including academic writing, research fellowships, teaching, judicial clerkships, or legal/corporate practice).

Total Fees The all-inclusive fee for the program is Rs. 9,500/-. This covers the complete program lifecycle: application processing, admission, continuous dashboard access, comprehensive study material, examination charges, and the physical printing and postal/courier delivery of the final certificate. There are no additional or hidden fees.

Mode and Study Material The course is delivered 100% Online. Registered candidates receive secure personal login credentials to the IAI Learning Dashboard/Portal. Complete Study Material—including modules, treaty databases, seminal awards, analytical reading lists, and methodology guides—is accessible directly through the dashboard.

Learning Type and Duration The program operates under a Self-Paced learning structure. The recommended and preferred completion duration is 3 Months. However, learners maintain full flexibility: you can complete the curriculum and take the final examination as early or as flexibly as your personal schedule permits.

Enrollment Enrollment is open Any Time with no fixed intake cycles, deadlines, or batch starting dates. Applications are processed in real-time upon submission, ensuring immediate access to the study portal.

Examination Structure Evaluation consists of One Online Exam carrying a total of 100 Marks. The exam combines Multiple Choice Questions (MCQs) and in-depth Subjective analytical questions assessing both doctrinal understanding and research acumen.

• Passing Marks: 40%

• Re-attempt Policy: Candidates who do not secure the qualifying marks on their initial try are entitled to two additional attempts at no further charge.

Step-by-Step Procedure

1. Fill out the online Apply Now Form on the IAI portal.

2. Pay the requisite program fee of Rs. 9,500/- by clicking the Pay Now button.

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

4. Log into your designated student Dashboard to access the modules and commence your research training.