Arbitration / Mediation / Litigation

International Investment Arbitration: Substantive Principles

Edited by Campbell McLachlan · Lawrence Shore · Matthew Weiniger
Oxford University Press June 2007

Specifications

ISBN-13
9780199286645
Publisher
Oxford University Press
Publication
June 2007
Format
Hardback , 528 pages
Jurisdiction
International ? Countri(es) for reference only

Details

The first modern work on the substantive law applied in investment treaty arbitration


Provides a detailed analytical survey of the substantive principles of international law applied by Investment Arbitration Tribunals, and a clear and comprehensive description of the present state of the law


The first book in a major new series from OUP on international arbitration


Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies.


Written by a leading author team from Herbert Smith, and benefiting from the public and private international law experience of Campbell McLachlan, Professor in Public International Law at Victoria University of Wellington


An essential reference book for international arbitration counsel, arbitrators, and academics


Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities.



The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification. International Investment Arbitration:Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. Key areas of coverage include: the instruments under which


investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights; expropriation; compensation and remedies.


As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, and benefiting from the public and private International law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.


Readership: International arbitration lawyers in the UK and overseas (practitioners, arbitrators, and academics); UK and international law libraries; post-graduate students studying international arbitration; international arbitration institutions, arbitrator institutions, and arbitrator nominating bodies (including ICSID, ICC, LCIA, SIAC, CIETAC, AAA, SCC, CIArb, ICDR and CRCICA); and foreign offices of states.


 


 



Table of Contents

1: Overview
2: Legal Basis of Investment Arbitrations
3: Parallel Proceedings
4: Nationality
5: Definition of Investment
6: Investors' Rights
7: Expropriation
8: Compensation
Appendices
NAFTA Chapter 11
ECT Investment Provisions
Agreement on the ASEAN Investment Area
UK Model BIT
US 1994 and 2004 Model BITs
Germany Model BIT
Netherlands Model BIT
Sri Lanka Model BIT
France Model BIT
Chapter II of the ICSID Convention
World Bank Investment Guidelines

About the Author

Campbell McLachlan, Professor, Victoria University of Wellington and Barrister, Essex Court Chambers, Laurence Shore, Partner, Gibson, Dunn & Crutcher Smith, and Matthew Weiniger, Solicitor, Partner, Herbert Smith

Reviews

"This is an excellent work which will be indispensible to anyone - arbitrator, counsel or academic concerned with international law on foreign investment." - Christopher Greenwood Q.C. CMG, Essex Court Chambers



"For anyone wanting to do serious work in the field of investment arbitration, this book is an essential reference work." - Richard Happ, Luther Rechtsanwaltsgesellschaft , in German Arbitration Journal



"A very useful book offering a complete treatment of issues raised in the field of international investment arbitration...it offers a very useful introduction to the principles of international investment law and arbitration for students as well as practitioners" - Ursula Kriebaum, Austrian review of International European Law


 


 



Out of stock
This title is currently unavailable for purchase.
New Edition is available now !
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries

Recommended

You may also be interested in these books:

More titles from Arbitration / Mediation / Litigation

View all