Arbitration Under International Investment Agreements: A Guide to the Key Issues

Author(s)	Edited by Katia Yannaca-Small.
Publisher	Oxford University Press
ISBN	9780198758082
Practice Area	International arbitration
Format	Hardback
Pages	960
Published in	United Kingdom
Published	19 Jul 2018
Availability	Available

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Arbitration Under International Investment Agreements describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics.

Arbitration Under International Investment Agreements: A Guide to the Key Issues - ISBN 9780198758082

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Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration. With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic. "When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition..." -Meg Kinnear, ICSID Secretary General

Table of Contents

Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework 1: Roberto Echandi: Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule- making 2: Emmanuel Gaillard and Mark McNeill: The Energy Charter Treaty 3: Ucheora Onwuamaegbu: International Dispute Settlement Mechanisms 4: Jan Paulsson: The Role of Precedent in Investment Arbitration Part II Guide to Key Preliminary and Procedural Issues 5: Barton Legum: An Overview of Procedure in an Investment Treaty Arbitration 6: Milanka Kostadinova: Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration 7: Katia Yannaca-Small and David Earnest: The Fate of Frivolous and Unmeritorious Claims 8: Loretta Malintoppi and Alvin Yap: Challenges of Arbitrators in International Investment Arbitration: Still Work in Progress? 9: Andrea J. Menaker and Eckhard Hellbeck: Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investment Treaty Arbitration Part III Guide to Key Jurisdictional Issues 10: Katia Yannaca-Small: Who is entitled to Claim: The Definition of Nationality in Investment Arbitration 11: Katia Yannaca-Small and Dimitrios Katsikis: The Meaning of 'Investment' in Investment Treaty Arbitration 12: Baiju S Vasani and Sarah Z Vasani: Bifurcation of Investment Disputes 13: Baiju S Vasani, Timothy L Foden, and Hafsa Zayyan: Burden and Standard of Proof at the Jurisdictional Stage 14: Georgios Petrochilos: Attribution: State Organs and Entities Exercising Elements of Governmental Authority 15: Stanimir A Alexandrov: Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction? 16: Katia Yannaca-Small: The Umbrella Clause: Is the Umbrella Closing? 17: Mark A Clodfelter and Diana Tsutieva: Counterclaims in Investment Treaty Arbitration 18: Charles N Brower and Jawad Ahmad: The State's Corruption Defence, Prosecutorial Efforts, and Anti-Corruption Norms in Investment Treaty Arbitration Part IV Guide to the Key Substantive Issues 19: Yas Banifatemi: The Law Applicable in Investment Treaty Arbitration 20: Katia Yannaca-Small: Fair and Equitable Treatment: Have Its Contours Fully Evolved? 21: Andrea K Bjorklund: The National Treatment Obligation 22: Katia Yannaca-Small: Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn? 23: Abby Cohen Smutny, Petr Polasek and Chad Farrell: The MFN Clause and its Evolving Boundaries Part V Remedies and Costs 24: Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta: Interim Relief in Investment Arbitration 25: Irmgard Marboe: Compensation and Damages in Investment Arbitration 26: Nigel Blackaby and Alex Wilbraham: Third Party Funding in Investment Treaty Arbitration Part VI The Post-Award Phase 27: Katia Yannaca-Small: Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner? 28: Kaj Hober and Nils Eliasson: Review of non-ICSID Awards by National Courts 29: August Reinisch: Enforcement of Investment Treaty Awards 30: Julien Fouret: A Practical Guide: Research Tools in International Investment Law

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Arbitration Under International Investment Agreements: A Guide to the Key Issues

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