New Arrival International Investment Arbitration: Challenges in Investment Law

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International Investment Arbitration: Challenges in Investment Law

Edited by Mesut Akbaba · Giancarlo Capurro
New Arrival Routledge August 2026

Specifications

ISBN-13
9781032728179
Publisher
Routledge
Publication
August 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book project, arising from the Second Bucerius Conference on International Investment Law & Arbitration (BCILA), aims to explore diverse methodological approaches to address challenges in investment law and arbitration.

Featuring the work of emerging scholars and practitioners in the field, the book bridges the gap between academic analysis and legal practice in the field of investment arbitration. As a central pillar of international economic law, investment arbitration is extensively utilized worldwide. The book discusses the challenges of managing progressively intricate proceedings whilst investment arbitration undergoes intense public scrutiny amid fervent political discourse. It tackles investment arbitration’s constant evolution and provides possible solutions in navigating this evolution.

With both academic and practical applications, this book will be

Table of Contents

Part I: Investment Treaties and Challenges in Their Interpretation
1. Taxation Measures in ISDS: Cairn v. India and the Principle of Fiscal Sovereignty
Pratyush Panjwani
2. Examining the Effects of Waiver Clauses in International Investment Agreements Under the Domestic Rules Governing In solidum Liability
Mohamed S. Elzomor and Mohamed A. El Sherif
3. Shareholders Protection Under International Investment Arbitration
Tilbe Birengel
4. In Favour of Counterclaims by Hosts States in International Investment Proceedings
Carlo de Stefano

Part II: The Future of Investment Arbitration in the European Union
5. Reconsideration of Intra-EU Decisions in Investment Arbitration: Is the Komstroy Judgment Enough?
Iván Levy
6. The EU’s Role in Regulating Public Political Risk Investment Insurance
Nataša Vujinović
7. Foreign Investors’ Access to EU Judicial Review on EU Acts Regarding Foreign Direct Investment Screening
Yang Wan

Part III: “Domestic” Law Issues in the International Investment Law Regime
8. EU Law as a Matter of Fact: The Implementation of Domestic Law Clauses in EU Investment Protection Agreements
Bianca Böhme
9. Procedural Challenges in Investment Arbitration: The Standard of Proof for Corruption
Lilit Nagapetyan

Part IV: Arbitrator Appointments: Challenges and Developments
10. To Disclose or Not to Disclose: Addressing Conflicts of Interest in Investment Arbitration through Zero-Knowledge Proofs
Nihan Kır
11. Party Appointments and Unconscious Bias in Investment Arbitration
Sanjana Sharma
12. Arbitrator (I Choose You): Practice and Theory of Arbitrator Appointment in Investor-State Dispute Settlement
Agata Daszko

Part V: Addressing Efficiency and Structural Parity: Procedural Reforms
13. Structural Challenges in Investor-State Mediation and How to Address Them
Gerlind Wolf
14. Procedural Discretion in Investment Arbitration
Hannah Grandits
15. The Emerging Regulation of TPF in ISDS: A Snapshot of the Reform Efforts of ICSID, UNCITRAL, and the European Union
Anton Burri-Wenzel
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