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Investment Treaty Arbitration and International Law - Volume 5

Investment Treaty Arbitration and International Law - Volume 5

Author: Todd J. Weiler; Ian A. Laird
Publisher: Juris Publishing
ISBN: 9781937518-066
Published In: June 2012
Format: Paperback , 410 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author
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This volume contains the papers and proceedings of the fifth annual Juris conference on international investment arbitration. In this volume, once again a talented group of young authors has tackled difficult and topical issues, with the guidance of established members of the international investment bar. This year's focus, on the International Centre for the Settlement of Investment Disputes (ICSID) addressed some of the key concerns facing this World Bank institution, as it comes to grips with an ever-increasing workload. As the premier body for the resolution of investor-state disputes, is the ICSID equipped to confront an uncertain future? Are institutional changes required to help it function more effectively? Answers to these and many related questions are provided in volume 5 of this series.

The four topics addressed in this book include:

• Inherent powers of ICSID tribunals
• The meaning of investment under the ICSID Convention
• Compliance with, and enforcement of, ICSID awards; and
• The choice between annulment and appeal in future ICSID institution-building

Introduction
Ian A. Laird and Todd J. Weiler
Profiles

CHAPTER 1
The Future of ICSID
Meg Kinnear

CHAPTER 2
Inherent Powers of ICSID Tribunals: Broad and Rightly So
Martins Paparinskis

CHAPTER 3
Inherent Powers in ICSID Arbitration
Constantinos Salonidis

CHAPTER 4
The Inherent Authority of and ICSID Tribunal: What Is the Limit?
Martins Paparinskis
Constantinos Salonidis
Timothy Nelson
Ian A. Laird
Todd J. Weiler
Antonio Parra
Wendy Miles
Nigel Blackaby
Mara Senn
PANEL DISCUSSION

CHAPTER 5
Putting the Needle to the Salini Bubble?
Joshua Fellenbaum

CHAPTER 6
Definition of “Investment” Under ICSID Convention: Did We Go Beyond Salini?
Sungjin Kang

CHAPTER 7
“Investment” under the ICSID Convention:
Have We Moved beyond Salini?
Joshua Fellenbaum
Sungjin Kang
Michael Nolan
Stanimir Alexandrov
Federico Ortino
Miriam Harwood
PANEL DISCUSSION

CHAPTER 8
Enforcement of Arbitral Awards: “To ICSID or Not to ICSID” Is Not the Question
Freya Baetens

CHAPTER 9
Compliance and Enforcement of Awards: Is There a Practical Difference between ICSID and Non-ICSID Awards?
Sylvia Tonova

CHAPTER 10
Compliance and Enforcement of Awards: Is There Really a Practical Difference between ICSID and Ad Hoc Arbitration?
Freya Baetens
Sylvia Tonova
Baiju S. Vasani
Margrete Stevens
Philippe Pinsolle
Christopher Gibson
Marco E. Schnabl
Borzu Sabahi
PANEL DISCUSSION

CHAPTER 11
ICSID Annulment: A Saga of Virtue and Vice
Silvia M. Marchili

CHAPTER 12
Appeal versus Annulment: Is the ICSID Annulment Process Working or Is It Now Time for an Appellate Mechanism?
Claire Stockford

CHAPTER 13
Appeal versus Annulment: Is the ICSID Annulment Process Working or Is It Now Time for an Appellate Mechanism?
Silvia Marchili
Claire Stockford
Jeffrey Rosenthal
Gonzalo Flores
John Fellas
Sabine Konrad
Oscar Garibaldi
PANEL DISCUSSION

TABLE OF CASES

INDEX

Editors:

Ian A. Laird is a Special Legal Consultant in the International Dispute Resolution Group of Crowell & Moring LLP in Washington, DC. His practice is focused on the field of international investment law and arbitration. He is the co-founder and Editor-in-Chief of OUP Investmentclaims.com.

Todd J. Weiler is an independent arbitrator, counsel and advisor on investment treaty arbitration. Highly regarded for his engaging and creative style, Dr. Weiler is recognized as a leading expert on the NAFTA and CAFTA, and on international economic law generally.

Assistant Editors:

Devin and Heather Bray are recent LL.M. graduates from the University of Western Ontario, both now completing their articles of clerkship with Dr. Todd Weiler in London, Ontario.

Authors:

Freya Baetens, Assistant Professor, Leiden University

Joshua Fellenbaum, Associate, Mannheimer Swartling Advokatbyrå AB

Sungjin Kang, Counsel, LG Display Co. Ltd.

Silvia Marchili, Associate, King & Spalding

Martins Paparinskis, Junior Research Fellow, Oxford University

Constantinos Salonidis, Associate, Foley Hoag LLP

Claire Stockford, Associate, Crowell & Moring LLP

Sylvia Tonova, Associate, White & Case

Panelists:

Stanimir Alexandrov, Partner, Sidley Austin LLP

Nigel Blackaby, Partner, Freshfields Bruckhaus Deringer LLP

John Fellas, Partner, Hughes Hubbard & Reed LLP

Gonzalo Flores, Legal Counsel, ICSID

Oscar Garibaldi, Partner, Covington & Burling LLP

Christopher Gibson, Professor, Suffolk University

Miriam Harwood, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP

Sabine Konrad, Partner, K&L Gates LLP

Wendy Miles, Partner, Wilmer Cutler Pickering Hale & Dorr LLP

Federico Ortino, Reader, King’s College London

Antonio Parra, Honorary Secretary General of the ICCA

Philippe Pinsolle, Partner, Shearman & Sterling LLP

Borzu Sabahi, Associate, Curtis, Mallet-Prevost, Colt & Mosle LLP

Marco E. Schnabl, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Mara Senn, Partner, Arnold & Porter LLP

Margrete Stevens, Consultant, King & Spalding

Moderators:

Timothy G. Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy LLP

Jeffrey Rosenthal, Partner, Cleary, Gottlieb, Steen & Hamilton LLP

Baiju S. Vasani, Partner, Crowell & Moring LLP

Praise for the Investment Treaty Arbitration and International Law - Series:

"This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field. We look forward to the Third Annual Investment Treaty Arbitration Conference and the book that will come in its wake."
- Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

"Todd Grierson Weiler, the guiding hand and organizer of the conference in Washington DC in 2007 which led to this book, has taken the traditional conference materials book and adopted the formula most brilliantly for the distinctive discipline that is investment treaty arbitration and international law. ...The papers are reproduced in full in the book and are products of much scholarship and hard work. These are not conference papers which one occasionally sees -- namely shorter presentation pieces designed for ready consumption by an audience -- rather they are highly thoughtful and challenging works which command careful reading. ...While the papers throughout do not always reflect the personal views of the authors -- they were assigned a thesis to advance/defend, much in the same way that one argues for a client's case regardless of personally-held views -- the approach is a particularly important one and marks out the book's contribution to international law. ...This book represents and contains an important and contemporary contest of ideas and thoughts given by those who are in practice in this field.

This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation."
- Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Private International Law

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions."
- Droit Et Pratique Des Investissements Internationaux - (International Investments Law And Practice)