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Arbitration Under International Investment Agreements: A Guide to the Key Issues, 2nd Edition

Arbitration Under International Investment Agreements: A Guide to the Key Issues, 2nd Edition

Author: Katia Yannaca-Small
Publisher: Oxford University Press
ISBN: 9780198758082

Previous Edition ISBN: 9780195340693
Published In: July 2018
Format: Hardback , 790 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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Author
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Comprehensive coverage of the procedural and substantive aspects of investor-state arbitration in a logical and accessible manner
Offers commentary from a variety of contributors, all of whom are among the most renowned specialists in the field
Features quick reference information and guidance regarding many arbitral decisions

New to this Edition:

Full update of all procedural issues
Additional coverage of the challenges to arbitrators, which have become pervasive in investment treaty arbitration
Added coverage of counterclaims in investment treaty arbitration

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

Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework
1: Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule- making, Roberto Echandi
2: The Energy Charter Treaty, Emmanuel Gaillard and Mark McNeill
3: International Dispute Settlement Mechanisms, Ucheora Onwuamaegbu
4: The Role of Precedent in Investment Arbitration, Jan Paulsson
Part II Guide to Key Preliminary and Procedural Issues
5: An Overview of Procedure in an Investment Treaty Arbitration, Barton Legum
6: Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration, Milanka Kostadinova
7: The Fate of Frivolous and Unmeritorious Claims, Katia Yannaca-Small and David Earnest
8: Challenges of Arbitrators in International Investment Arbitration: Still Work in Progress?, Loretta Malintoppi and Alvin Yap
9: Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investment Treaty Arbitration, Andrea J. Menaker and Eckhard Hellbeck
Part III Guide to Key Jurisdictional Issues
10: Who is entitled to Claim: The Definition of Nationality in Investment Arbitration, Katia Yannaca-Small
11: The Meaning of 'Investment' in Investment Treaty Arbitration, Katia Yannaca-Small and Dimitrios Katsikis
12: Bifurcation of Investment Disputes, Baiju S Vasani and Sarah Z Vasani
13: Burden and Standard of Proof at the Jurisdictional Stage, Baiju S Vasani, Timothy L Foden, and Hafsa Zayyan
14: Attribution: State Organs and Entities Exercising Elements of Governmental Authority, Georgios Petrochilos
15: Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction?, Stanimir A Alexandrov
16: The Umbrella Clause: Is the Umbrella Closing?, Katia Yannaca-Small
17: Counterclaims in Investment Treaty Arbitration, Mark A Clodfelter and Diana Tsutieva
18: The State's Corruption Defence, Prosecutorial Efforts, and Anti-Corruption Norms in Investment Treaty Arbitration, Charles N Brower and Jawad Ahmad
Part IV Guide to the Key Substantive Issues
19: The Law Applicable in Investment Treaty Arbitration, Yas Banifatemi
20: Fair and Equitable Treatment: Have Its Contours Fully Evolved?, Katia Yannaca-Small
21: The National Treatment Obligation, Andrea K Bjorklund
22: Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn?, Katia Yannaca-Small
23: The MFN Clause and its Evolving Boundaries, Abby Cohen Smutny, Petr Polásek and Chad Farrell
Part V Remedies and Costs
24: Interim Relief in Investment Arbitration, Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta
25: Compensation and Damages in Investment Arbitration, Irmgard Marboe
26: Third Party Funding in Investment Treaty Arbitration, Nigel Blackaby and Alex Wilbraham
Part VI The Post-Award Phase
27: Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner?, Katia Yannaca-Small
28: Review of non-ICSID Awards by National Courts, Kaj Hober and Nils Eliasson
29: Enforcement of Investment Treaty Awards, August Reinisch
30: A Practical Guide: Research Tools in International Investment Law, Julien Fouret

Edited by Katia Yannaca-Small

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.

Contributors:

Jawad Ahmad
Stanimir Alexandrov
Aurelia Antonietti
Yas Banifatemi
Andrea Bjorklund
Nigel Blackaby
Charles Brower
Mark Clodfelter
Abby Cohen Smutny
David Earnest
Roberto Echandi
Nils Eliasson
Chad Farrell
Timothy Foden
Julien Fouret
Emmanuel Gaillard
Eckhard Hellbeck
Kaj Hober
Dimitrios Katsikis
Gabrielle Kaufmann-Kohler
Milanka Kostadinova
Bart Legum
Loretta Malintoppi
Irmgard Marboe
Andrea Menaker
Mark McNeill
Ucheora Onwuamaegbu
Jan Paulsson
Georgios Petrochilos
Petr Polásek
Michele Potesta
August Reinisch
Diana Tsutieva
Baiju Vasani
Sarah Vasani
Alex Wilbraham
Katia Yannaca-Small
Alvin Yap
Hafsa Zayyan

"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