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.