Digest of ICSID Awards and Decisions 2003-2007

Edited by Richard Happ · Noah Rubins
Oxford University Press March 2009

Specifications

ISBN-13
9780199557042
Publisher
Oxford University Press
Publication
March 2009
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Provides narrative summaries of decisions and awards from the most important period in the history of investment (and ICSID) arbitration
  • Busy practitioners can access key information at a glance with the concise summaries of lengthy decisions and awards, covering both the facts and the ratio decidendi
  • The extensive cross-referencing and index allow the reader to easily find decisions/awards confirming or rejecting a certain holding
  • Contains analytical chapters which trace the development of jurisprudence over the period and allow the reader to assess the relevance of certain decisions
  • An excellent complement to the online service Investment Claims

Investment arbitration has become the primary means of settling disputes between states and foreign investors. The majority of those arbitration proceedings take place before tribunals of the International Centre for the Settlement of Investment Disputes (ICSID). This book provides the reader with concise summaries of the facts and holdings of ICSID Tribunals in the years 2003-2007. Extensive cross-references and footnotes allow the reader to find other awards confirming or rejecting certain holdings, and analytical chapters explain the development of the jurisprudence. Since the average length of an ICSID award exceeds 100 pages, and nearly 20 new decisions and awards are published each year, this book is an indispensable tool for the busy practitioner or academic who needs to be informed about the development of the law.

Readership: Legal practitioners specialising in arbitration. Academics and academic libraries and postgraduate students with an interest in arbitration and international dispute resolution.

Table of Contents

Summaries of Awards and Decisions
1. 2003
2. 2004
3. 2005
4. 2006
5. 2007
Development of Jurisprudence
6. Jurisdiction: Jurisdiction under Investment Treaties
7. Jurisdiction: Article 25 of the ICSID Convention
8. Jurisdiction: Controversial Issues
9. Merits: Expropriation
10. Merits: Fair and Equitable Treatment
11. Merits: Discrimination
12. Merits: Umbrella Clauses
13. Merits: Most-Favoured Nation Treatment
14. Remedies: Available Remedies
15. Remedies: Calculation of Compensation ;

About the Author

Richard Happ, Rechtsanwalt, Luther, Hamburg, and Noah Rubins, Counsel, Freshfields Bruckhaus Deringer 

Reviews

"Given the increasing number of awards, and the typical length of awards of 80-250 pages, the task for the practitioner or scholar who seeks to keep abreast of the jurisprudence is daunting. It is this need that the Happ and Rubins volume admirably fulfils, providing in a single location 96 awards over the stated six-year period. In the writer's view, there are few persons seriously interested in investor-state arbitration, whether experienced lawyers and arbitrators, neophytes or academics, who would not benefit from having this volume available for consultation." - David A Gantz, University of Arizona, USA, International Trade Law and Regulation, Vol 15, Issue 6

"...this book will prove a useful tool for the investment arbitration practitioner or academic who needs to remain informed about the development of the law" - ASA Bulletin

"This book will prove a useful tool for the investment arbitration practitioner or academic who needs to remain informed about the development of the law" - Happ, Arbitration

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