The Investment Treaty Arbitration Review
The Investment Treaty Arbitration Review
- 7th Edition
- 603 p.
Editor's Preface
Part I Jurisdiction Covered Investment Covered Investors
Requirements of Ratione Personae in a Global Environment
Investor-State Mediation
Part II Admissibility and Procedural Issues Admissibility Bifurcation Objection of Manifest Lack of Legal Merit of Claims: ICSID Arbitration Rule 41(5)
Parallel Proceedings in the Context of ISD Arbitration
Provisional Measures
Evidence and Proof
Evolution of the Third-Party Funder
Challenges to Arbitrators Under the ICSID Convention and Rules
Multiparty Claims
Fraud and Corruption
Part III Practical and Systemic Issues The Role of Precedent in Investment Treaty Arbitration Treaty Interpretation in Investment Treaty Arbitrations
Applicable Law in Investment Treaty Arbitration
Res judicata
The Choice of the Seat in Investment Arbitration
Attribution of Acts or Omissions to the State
Part IV Substantive Protections Fair and Equitable Treatment Expropriation Full Protection and Security
Legal Defences to Claims
Political Risk Insurance
Part V Damages
Compensation for Expropriation
Principles of Damages for Violations other than Expropriation
The Discounted Cash Flow Method of Valuing Damages in Arbitration
Other Methods for Valuing Damages in Arbitration
Causation Contributory Fault, Mitigation and other Defences to Damages
Choosing the Appropriate Valuation Approach for Damages Assessment
Part VI Post-Award Remedies Annulment of Investment Arbitration Awards
Enforcement of Awards
Part VII Multi-Lateral Treaties Energy Charter Treaty
NAFTA and USMCA: Continuing the Saga
Investor–State Arbitration and the 'Next Generation' of Investment Treaties
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Part VIII Industries Part VIII Industries Oil: Mexico’s Recent Reforms in the Hydrocarbons Sector Expert Role in Causation Analysis for Energy Transition Related Arbitration
Investment Treaty Disputes in the Life Sciences Industry
Transportation Arbitrations and Complexities in Estimating Damages
The Investment Treaty Arbitration Review fulfils an essential function. Updated every year, it provides a current perspective on a quickly evolving topic. Organised by topic rather than by jurisdiction, it allows readers to access rapidly not only the most recent developments on a given subject – from jurisdictional and procedural issues to damages and much more – but also the debate that led to and the context behind those developments.
9781804490778
Editor's Preface
Part I Jurisdiction Covered Investment Covered Investors
Requirements of Ratione Personae in a Global Environment
Investor-State Mediation
Part II Admissibility and Procedural Issues Admissibility Bifurcation Objection of Manifest Lack of Legal Merit of Claims: ICSID Arbitration Rule 41(5)
Parallel Proceedings in the Context of ISD Arbitration
Provisional Measures
Evidence and Proof
Evolution of the Third-Party Funder
Challenges to Arbitrators Under the ICSID Convention and Rules
Multiparty Claims
Fraud and Corruption
Part III Practical and Systemic Issues The Role of Precedent in Investment Treaty Arbitration Treaty Interpretation in Investment Treaty Arbitrations
Applicable Law in Investment Treaty Arbitration
Res judicata
The Choice of the Seat in Investment Arbitration
Attribution of Acts or Omissions to the State
Part IV Substantive Protections Fair and Equitable Treatment Expropriation Full Protection and Security
Legal Defences to Claims
Political Risk Insurance
Part V Damages
Compensation for Expropriation
Principles of Damages for Violations other than Expropriation
The Discounted Cash Flow Method of Valuing Damages in Arbitration
Other Methods for Valuing Damages in Arbitration
Causation Contributory Fault, Mitigation and other Defences to Damages
Choosing the Appropriate Valuation Approach for Damages Assessment
Part VI Post-Award Remedies Annulment of Investment Arbitration Awards
Enforcement of Awards
Part VII Multi-Lateral Treaties Energy Charter Treaty
NAFTA and USMCA: Continuing the Saga
Investor–State Arbitration and the 'Next Generation' of Investment Treaties
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Part VIII Industries Part VIII Industries Oil: Mexico’s Recent Reforms in the Hydrocarbons Sector Expert Role in Causation Analysis for Energy Transition Related Arbitration
Investment Treaty Disputes in the Life Sciences Industry
Transportation Arbitrations and Complexities in Estimating Damages
The Investment Treaty Arbitration Review fulfils an essential function. Updated every year, it provides a current perspective on a quickly evolving topic. Organised by topic rather than by jurisdiction, it allows readers to access rapidly not only the most recent developments on a given subject – from jurisdictional and procedural issues to damages and much more – but also the debate that led to and the context behind those developments.
9781804490778