The Structure of Investment Arbitration
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This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis.
It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts. He works primarily in international arbitration and international investment law, and authors the blog A Canon for Arbitration and Investment Law. Practice areas: Dispute resolution and litigation International arbitration.
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The Structure of Investment Arbitration: 1st Edition (Hardback) - Routledge
Defences h. Available remedies b. Costs c. Annulment d.
The first module is aimed at setting the scene, by discussing the concepts and instruments peculiar to investment arbitration. Treaty arbitration is compared to contractual arbitration and the evolution of investment arbitration is tracked. Applicable law is particularly important to investment arbitration and is thus considered before procedural issues peculiar to investment arbitration: bifurcation, interim measures and transparency including amicus submissions and public hearings.
The second module addresses jurisdiction and admissibility. The issue of consent and how it is often formed by two separate instruments is considered first.
Master's Programme in Investment Treaty Arbitration 12222/2020
The three jurisdictional requirements of ratione temporis, ratione personae the definition of investor , and ratione materiae the definition of investment are discussed next under the dual requirements of the ICSID Convention and the applicable BIT. Admissibility requirements relating to the procedure, such as cooling off periods and fork-in-the-road provisions are then reviewed, followed by a consideration of substantive inadmissibility arising from a host State denial of benefits.
The module finishes with a discussion of the possibility of host States bringing counterclaims into investment arbitration proceedings. The third module covers a contractual protections under investment contracts and b the main substantive protections provided to foreign investors under investment treaties. The treaty protections discussed have been chosen because they have been the ones most often relied upon in investment arbitration such as expropriation and fair and equitable treatment or because they have given rise to most controversy and uncertainty in interpretation such as full protection and security, most-favoured nation treatment and umbrella clauses.
The module will also consider defences available to the respondent State, such as abuse of rights, necessity and international public policy, and issues relating to attribution of actions to the State. The fourth module focuses on the award, and what happens after it has been rendered. It considers first remedies that are available in investment arbitration and then the allocation of costs of the procedure.