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The International Law of Investment Claims

The International Law of Investment Claims

Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 9781107411364
Published In: October 2012
Format: Paperback , 684 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book was first published in 2009. The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

• Systematically codifies the unwritten rules on investment claims, giving readers principles which can be applied to all such cases • Provides a concise and critical analysis of the leading awards of relevant arbitral tribunals, thus making the reader familiar with the precedents established by leading cases • Provides solutions to some of the most intractable problems of investment treaty arbitration, drawing upon judicial decisions and secondary literature from diverse areas of the law

1. The juridical foundations of investment treaty arbitration; 2. Applicable laws; 3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration; 4. Consent to the arbitration of investment disputes; 5. Investment; 6. Jurisdiction ratione materiae; 7. Jurisdiction ratione personae; 8. Jurisdiction ratione temporis; 9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal; 10. Admissibility: contractual choice of forum; 11. Admissibility: shareholder claims; 12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment; 13. Denial of benefits.

Zachary Douglas
Jesus College, Cambridge and Matrix Chambers, London

Review of the hardback: 'There is no shortage of books now on investment arbitration. But this will prove one of the best and, I believe, most enduring; it is fit as a work of synthesis to rank alongside Schreuer's Commentary to the ICSID Convention.' Professor James Crawford SC, Lauterpacht Centre for International Law, University of Cambridge