Investor-State Arbitration

by Christopher Dugan, Don Wallace, Noah Rubins

Oxford University Press | December 9, 2011 | Trade Paperback

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Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.

Format: Trade Paperback

Dimensions: 818 pages, 6.69 × 9.61 × 1.69 in

Published: December 9, 2011

Publisher: Oxford University Press

Language: English

The following ISBNs are associated with this title:

ISBN - 10: 019979572X

ISBN - 13: 9780199795727

Found in: Reference and Language

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– More About This Product –

Investor-State Arbitration

by Christopher Dugan, Don Wallace, Noah Rubins

Format: Trade Paperback

Dimensions: 818 pages, 6.69 × 9.61 × 1.69 in

Published: December 9, 2011

Publisher: Oxford University Press

Language: English

The following ISBNs are associated with this title:

ISBN - 10: 019979572X

ISBN - 13: 9780199795727

Table of Contents

1. Introduction 2. History and Limitations of the Traditional System for Resolving Investment Disputes 3. The Modern System of Investor-State Arbitration 4. Commonly Used Procedural Rules 5. Procedural Law Applicable in Investor-State Arbitration 6. National Court Interference: Anti-Arbitration Injunctions 7. The Course of an Investment Arbitration 8. Consolidation under Relevant Arbitration Rules or Treaties 9. Governing Law in Investment Disputes 10. Consent to Arbitral Jurisdiction 11. The Concept of Investment 12. The Nationality of the Investor 13. Exhaustion of Local Remedies 14. Election of Forum: National Courts and Contract Arbitrations 15. Discrimination 16. Expropriation 17. "Fair and Equitable Treatment" and "Full Protection and Security" 18. Umbrella Clauses 19. Damages, Compensation, and Non-Pecuniary Remedies 20. Annulment and Set Aside 21. Enforcement of Awards 22. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements

From the Publisher

Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.

About the Author

Christopher Dugan is a partner at Paul, Hastings, Janofsky and Walker LLP and chairs its International Arbitration practice. He is an adjunct professor at Georgetown University Law Center. Don Wallace, Jr. is Professor Emeritus and Adjunct Professor and Chairman of the International Law Institute at the Georgetown University Law Center. He is of counsel in Winston and Strawn LLP''s litigation group. Noah Rubins is a partner at Freshfields Bruckhaus Deringer. He is a member of the international arbitration and public international law groups, and the head of Freshfields'' Russia/CIS Dispute Resolution subgroup. Borzu Sabahi is an Adjunct Professor at the Georgetown University Law Center and counsel to Fulbright and Jaworski LLP. He specializes in investment and commercial arbitration.
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