Investor-State Arbitration

Paperback | December 9, 2011

byChristopher Dugan, Don Wallace, Noah Rubins

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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 treatiesthat 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 lasttwenty 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.

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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 treatiesthat allow investors to proceed with the ar...

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 Cente...
Format:PaperbackDimensions:818 pages, 6.69 × 9.61 × 1.69 inPublished:December 9, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019979572X

ISBN - 13:9780199795727

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Table of Contents

1. Introduction2. History and Limitations of the Traditional System for Resolving Investment Disputes3. The Modern System of Investor-State Arbitration4. Commonly Used Procedural Rules5. Procedural Law Applicable in Investor-State Arbitration6. National Court Interference: Anti-Arbitration Injunctions7. The Course of an Investment Arbitration8. Consolidation under Relevant Arbitration Rules or Treaties9. Governing Law in Investment Disputes10. Consent to Arbitral Jurisdiction11. The Concept of Investment12. The Nationality of the Investor13. Exhaustion of Local Remedies14. Election of Forum: National Courts and Contract Arbitrations15. Discrimination16. Expropriation17. "Fair and Equitable Treatment" and "Full Protection and Security"18. Umbrella Clauses19. Damages, Compensation, and Non-Pecuniary Remedies20. Annulment and Set Aside21. Enforcement of Awards22. The Future of International Investment ArbitrationSelect BibliographyIndexTable of CasesIndex of Treaties, Conventions, and International Agreements