The University of Johannesburg (UJ)’s Faculty of Law (UJ Law) students shone brightly on the international stage as they earned an award at the 2024 Foreign Direct Investment (FDI) International Arbitration Moot Court Competition held in Berlin, Germany.
The competition, which took place between 1-4 November 2024 was hosted by the Humboldt University in Berlin.
The UJ Law team earned the award for Best Respondent Memorial at the competition. The FDI Moot, is known as the world’s largest investment arbitration competition. It attracts participation from over 100 universities worldwide.
This year’s complex case focused on alleged expropriation linked to a series of environmental regulations enacted by the Respondent State, testing participants’ abilities to address intricate issues at the intersection of international law, investment, and environmental policy.
Louis Koen a lecturer in the Department of Public Law at UJ and the trainer of the team explained what a moot court competition is, and what is required to prepare adequately for it.
“The FDI Moot itself is a unique, multifaceted competition that unites aspects of public international law with arbitration-focused approaches. However, the FDI Moot distinguishes itself by introducing complex issues surrounding foreign investment, such as corporate structuring, licensing, environmental law, and intellectual property rights. These nuanced topics reflect the real-world disputes that often arise between host states and foreign investors—a growing field of international law as global investment treaties proliferate, accompanied by extensive domestic legislation and binding international investment contracts”.
He added that preparations for the competition required that students tap into and hone their skills of legal research, analysis and advocacy.
“This year’s fictional case addressed intricate issues that echo the actual concerns faced by international investors and states: environmental regulations, national security measures, and potential expropriation claims. As the students of Team UJ navigated these contentious issues, they developed a profound practical understanding of the rights and obligations that define the investor-state relationship. For Team UJ, preparing for the case and participating in hearings honed their skills in legal research, analysis, and advocacy, ultimately earning them the award for the Best Memorial for the Respondent at the Global rounds. This accomplishment highlights UJ students’ research acumen and their ability to distil complex legal arguments into compelling written submissions”.
Koen praised the team for their success in Berlin.
“Team UJ’s performance in the 2024 Foreign Direct Investment (FDI) Moot marked an impressive milestone, underscoring both the team’s capabilities and the UJ’s growing presence on the global moot court stage. Competing in an arena that probes the complex intersections of international investment law, arbitration, and public policy, UJ advanced from the African Regional Rounds to the Global rounds, only the second South African team to do so — following in the footsteps of their own predecessors just the year before. This advancement solidifies UJ’s position as a formidable contender in the world of international dispute resolution”.
Third year student Krishaan Nte, who was part of the UJ team that participated in the competition shared that it exposed her to parts of the law, that she hadn’t been necessarily exposed to by coursework.
“Participating in the moot helped expand my knowledge of international arbitration as well as the law that governs it, which we are not necessarily exposed to through coursework. The moot has opened my eyes to a different way of arguing and using the law to benefit my client’s case. Usually, arguing in domestic cases means engaging with mainly one piece of legislation but in this case many sources of law needed to be used and rebutted against, so preparation was key”.
Nte added that she is proud to have flown the UJ flag high; “The moot also helped with sifting my way through a lengthy record, which will inevitably become useful when going into practice. Through UJ’s mentorship and external opportunities, I was granted this opportunity and am exceptionally proud to have flown the UJ flag”.
The 20-year-old said she would encourage other students to participate in competitions such as these when the opportunity avails itself as they help with the development of other skills as well.
“I would say that mooting opens so many doors and gives you the practical experience that we receive too late in our law degree. Mooting allows you to become more comfortable with arguing in front of diverse groups of people and anticipating the viewpoint of different judges. Through mooting one may have the opportunity to travel whether within the country or overseas, which can assist in getting out of your comfort zone. The experiences I’ve been granted at UJ are nothing short of amazing and incredibly invaluable”.
