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.