Arbitration Under International Investment Agreements: A Guide to the Key Issues

Hardcover | April 21, 2010

byKatia Yannaca-Small

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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 legaldisciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis forthe requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award.It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, itdescribes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

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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 c...

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...
Format:HardcoverDimensions:790 pages, 7.01 × 10.12 × 1.89 inPublished:April 21, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195340698

ISBN - 13:9780195340693

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Table of Contents

Part I: Investment Treaties and the Mechanisms Provided for the Settlement of Investment Disputes1. Robert Echandi: Bilateral Investment Treaties and Investment Provisions in Regional Trade Agreements: Recent Developments in Investment Rulemaking2. Emmanuel Gaillard, Mark McNeill: The Energy Charter Treaty3. Ucheora Onwuamaegbu: International Dispute Settlement Mechanisms - Choosing Between Institutionally Supported and Ad Hoc; and Between InstitutionsPart II: Practical Guide to the Key Procedural Issues4. Barton Legum: An Overview of Procedure in an Investment Treaty Arbitration5. Antonio R. Parra: The Initiation of Proceedings and Constitution of Tribunals in Investment Treaty Arbitrations6. Baiju S. Vasani: Bi-Trifurcation of Investment Disputes7. Andrea J. Menaker: Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration8. Thomas W. Walde: "Equality of Arms" in Investment Arbitration: Procedural ChallengesPart III: Practical Guide to the Key Jurisdictional Issues9. Yas Banifatemi: The Law Applicable in Investment Treaty Arbitration10. Katia Yannaca-Small: Who Is Entitled to Claim? Nationality Challenges11. Katia Yannaca-Small: Definition of "Investment": An Open-ended Search for a Balanced Approach12. Baiju S. Vasani and Timothy L. Foden: Burden of Proof Regarding Jurisdiction13. Georgios Petrochilos: Attribution14. Stanimir Alexandrov: Breach of Treaty Claims and Breach of Contract Claims: Is It Still Unknown Territory?15. Abby Cohen Smutny, Lee Steven: The MFN Clause: What Are Its Limits?Part IV: Practical Guide to the Key Substantive Issues16. Katia Yannaca-Small: The Fair and Equitable Treatment Standard17. Andrea K. Bjorklund: The National Treatment Obligation18. Katia Yannaca-Small: Indirect Expropriation: Is the Right to Regulate at Risk?19. Katia Yannaca-Small: What about this "Umbrella Clause"?Part V: Remedies20. Gabrielle Kaufmann-Kohler, Aurelia Antonietti: Interim Relief in International Investment Agreements21. Meg Kinnear: Damages in Investment Treaty Arbitration22. Kaj Hober: Compensation: A Closer Look at Cases Awarding Damages for Violation of the Fair and Equitable Treatment StandardPart VI: The Post-award Phase23. Katia Yannaca-Small: Annulment of ICSID Awards: Limited Scope But Is There Potential?24. Kaj Hober, Nils Eliasson: Review of Investment Treaty Awards by Municipal Courts25. August Reinisch: Enforcement of Investment Awards26. Jan Paulsson: The Role of Precedent in Investment ArbitrationJulien Fouret: Appendix A Practical Guide: Research Tools in International Investment LawTable of Arbitral DecisionsIndex