Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law.
Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration.
With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic.
"When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition..." --Meg Kinnear, ICSID Secretary General
Rezensionen / Stimmen
For practitioners, arbitrators and academics who struggle to keep up with the ever-accelerating developments in investor-state arbitration, Katia Yannaca-Small's Second Edition of Arbitration Under International Investment Agreements is a must. The contributors cover substance and procedure - and everything in between - in admirable depth and breadth. * Lucy Ferguson Reed, Professor and Director, Centre for International Law, National University of Singapore *
Auflage
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Editions-Typ
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 246 mm
Breite: 178 mm
Dicke: 56 mm
Gewicht
ISBN-13
978-0-19-875808-2 (9780198758082)
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 an independent counsel and arbitrator and Adjunct Professor of International Investment Law and Arbitration at University of Southern California (USC) Gould School of Law. Until recently she was Counsel at Shearman and Sterling LLP where she represented and advised companies, states and state entities in commercial and investor-state disputes.
Katia was also the OECD Senior Legal Advisor on International Investment where she developed the international investment agreements and arbitration program. She also served as Senior Counsel with ICSID, where she administered large investor-state arbitrations, proposed and developed ICSID's first comprehensive outreach plan and developed a course on ICSID procedure for government officials and practitioners.
Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework
1: Roberto Echandi: Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule- making
2: Emmanuel Gaillard and Mark McNeill: The Energy Charter Treaty
3: Ucheora Onwuamaegbu: International Dispute Settlement Mechanisms
4: Jan Paulsson: The Role of Precedent in Investment Arbitration
Part II Guide to Key Preliminary and Procedural Issues
5: Barton Legum: An Overview of Procedure in an Investment Treaty Arbitration
6: Milanka Kostadinova: Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration
7: Katia Yannaca-Small and David Earnest: The Fate of Frivolous and Unmeritorious Claims
8: Loretta Malintoppi and Alvin Yap: Challenges of Arbitrators in International Investment Arbitration: Still Work in Progress?
9: Andrea J. Menaker and Eckhard Hellbeck: Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investment Treaty Arbitration
Part III Guide to Key Jurisdictional Issues
10: Katia Yannaca-Small: Who is entitled to Claim: The Definition of Nationality in Investment Arbitration
11: Katia Yannaca-Small and Dimitrios Katsikis: The Meaning of 'Investment' in Investment Treaty Arbitration
12: Baiju S Vasani and Sarah Z Vasani: Bifurcation of Investment Disputes
13: Baiju S Vasani, Timothy L Foden, and Hafsa Zayyan: Burden and Standard of Proof at the Jurisdictional Stage
14: Georgios Petrochilos: Attribution: State Organs and Entities Exercising Elements of Governmental Authority
15: Stanimir A Alexandrov: Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction?
16: Katia Yannaca-Small: The Umbrella Clause: Is the Umbrella Closing?
17: Mark A Clodfelter and Diana Tsutieva: Counterclaims in Investment Treaty Arbitration
18: Charles N Brower and Jawad Ahmad: The State's Corruption Defence, Prosecutorial Efforts, and Anti-Corruption Norms in Investment Treaty Arbitration
Part IV Guide to the Key Substantive Issues
19: Yas Banifatemi: The Law Applicable in Investment Treaty Arbitration
20: Katia Yannaca-Small: Fair and Equitable Treatment: Have Its Contours Fully Evolved?
21: Andrea K Bjorklund: The National Treatment Obligation
22: Katia Yannaca-Small: Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn?
23: Abby Cohen Smutny, Petr Polasek and Chad Farrell: The MFN Clause and its Evolving Boundaries
Part V Remedies and Costs
24: Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta: Interim Relief in Investment Arbitration
25: Irmgard Marboe: Compensation and Damages in Investment Arbitration
26: Nigel Blackaby and Alex Wilbraham: Third Party Funding in Investment Treaty Arbitration
Part VI The Post-Award Phase
27: Katia Yannaca-Small: Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner?
28: Kaj Hober and Nils Eliasson: Review of non-ICSID Awards by National Courts
29: August Reinisch: Enforcement of Investment Treaty Awards
30: Julien Fouret: A Practical Guide: Research Tools in International Investment Law
