Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are
subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book describes the process of investor-state arbitration in all of its phases, and provides the reader with comprehensive
insight into investor-state arbitration.
Arbitration Under International Investment Agreements: A Guide to the Key Issues includes contributions from many of the leading experts in the field, from private practitioners and academics to government and NGO officials. In this way, the book differs from other books on this topic because it includes contributions from all actors involved, providing more credibility in an area in which one of the main criticisms is bias against governments. This book provides pragmatic and reliable
analysis of all aspects of this evolving topic.
Rezensionen / Stimmen
This is an invaluable guide, filled with practical advice, lucid analysis, creative insights, fascinating anecdotes and crisp prose written by an all star cast of practitioners, arbitrators, scholars, current and former government officials and other leaders in the field * Alexandre de Gramont, Partnerm Crowell & Moring LLP, Washington DC *
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
International law firms, multinational corporations, arbitrators, international investment firms, and private investors.
Maße
Höhe: 262 mm
Breite: 181 mm
Dicke: 48 mm
Gewicht
ISBN-13
978-0-19-534069-3 (9780195340693)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Katia Yannaca-Small is a Senior Counsel with the International Centre for the Settlement of Investment Disputes (ICSID), where she administers investment disputes brought before the Centre and works on issues of outreach policy related to the Centre's activities. Prior to joining ICSID, she was the Legal Advisor to the OECD Investment Division, where she was responsible for analytical work on all legal issues related to international investment
agreements and, in particular, developments in investor-state dispute settlement. In this capacity, she managed the related activities of the OECD Investment Committee and proposed issues for discussion and possible policy development in this field. The results of this work, on both substantive issues related to the
interpretation of investment agreements and procedural issues of investment arbitration, have been published by the OECD.
Ms. Yannaca-Small holds a J.D. from the Athens University Law School, Greece and two postgraduate degrees (D.E.A.) in Public International Law and International Economic Law from the University Paris I-Sorbonne. She is also a graduate of the Ecole Nationale d'Administration (ENA), France. Ms. Yannaca-Small is a member of the International Law Association (ILA) and the American Society of International Law (ASIL). She is fluent in English, French and Greek and has contributed to numerous
treatises on international investment law.
Part I
Investment Treaties and the Mechanisms Provided for the Settlement of Investment Disputes
Chapter 1 Bilateral Investment Treaties and Investment Provisions in Regional Trade Agreements: Recent Developments in Investment Rulemaking
Roberto Echandi
Chapter 2 The Energy Charter Treaty
Emmanuel Gaillard, Mark McNeill
Chapter 3 International Dispute Settlement Mechanisms-Choosing Between Institutionally Supported and Ad Hoc; and Between Institutions
Ucheora Onwuamaegbu
Part II
Practical Guide to the Key Procedural Issues
Chapter 4 An Overview of Procedure in an Investment Treaty Arbitration
Barton Legum
Chapter 5 The Initiation of Proceedings and Constitution of Tribunals in Investment Treaty Arbitrations
Antonio R. Parra
Chapter 6 Bi-Trifurcation of Investment Disputes
Baiju S. Vasani
Chapter 7 Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration
Andrea J. Menaker
Chapter 8 "Equality of Arms" in Investment Arbitration: Procedural Challenges
Thomas W. Waelde
Part III
Practical Guide to the Key Jurisdictional Issues
Chapter 9 The Law Applicable in Investment Treaty Arbitration
Yas Banifatemi
Chapter 10 Who Is Entitled to Claim? Nationality Challenges
Katia Yannaca-Small
Chapter 11 Definition of "Investment": An Open-ended Search for a Balanced Approach
Katia Yannaca-Small
Chapter 12 Burden of Proof Regarding Jurisdiction
Baiju S. Vasani and Timothy L. Foden
Chapter 13 Attribution
Georgios Petrochilos
Chapter 14 Breach of Treaty Claims and Breach of Contract Claims: Is It Still Unknown Territory?
Stanimir Alexandrov
Chapter 15 The MFN Clause: What Are Its Limits?
Abby Cohen Smutny, Lee Steven
Part IV
Practical Guide to the Key Substantive Issues
Chapter 16 The Fair and Equitable Treatment Standard
Katia Yannaca-Small
Chapter 17 The National Treatment Obligation
Andrea K. Bjorklund
Chapter 18 Indirect Expropriation: Is the Right to Regulate at Risk?
Katia Yannaca-Small
Chapter 19 What about this "Umbrella Clause"?
Katia Yannaca-Small
Part V
Remedies
Chapter 20 Interim Relief in International Investment Agreements
Gabrielle Kaufmann-Kohler, Aurelia Antonietti
Chapter 21 Damages in Investment Treaty Arbitration
Meg Kinnear
Chapter 22 Compensation: A Closer Look at Cases Awarding Damages for Violation of the Fair and Equitable Treatment Standard
Kaj Hober
Part VI
The Post-award Phase
Chapter 23 Annulment of ICSID Awards: Limited Scope But Is There Potential?
Katia Yannaca-Small
Chapter 24 Review of Investment Treaty Awards by Municipal Courts
Kaj Hober, Nils Eliasson
Chapter 25 Enforcement of Investment Awards
August Reinisch
Chapter 26 The Role of Precedent in Investment Arbitration
Jan Paulsson
Appendix A Practical Guide: Research Tools in International Investment Law
Julien Fouret
Table of Arbitral Decisions
Index
