Procedural Issues in International Investment Arbitration

Author: Jeffery Commission; Rahim Moloo
Publisher: Oxford University Press
ISBN: 9780198729037
Published In: March 2018
Format: Hardback , 288 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration.

Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

The first book of its kind to look at procedure in the context of international investment arbitration
Collects and analyses the rules and precedents on the most prevalent and controversial procedural issues that arise during an investment arbitration
Provides comprehensive tables of jurisprudence, heavily cross-referenced throughout the book and of value in their own right
A chronological approach for ease of reference by today's busy practitioner
An invaluable resource for practitioners and arbitrators alike for precedents on key procedural issues

Introduction
1: Law Applicable to Procedural Issues
2: First Sessions/Procedural Order No. 1
3: Interim Measures
4: Arbitrator/Counsel Challenges
5: Bifurcation/Trifurcation
6: Transparency and Third-Party Participation
7: Document Requests
8: Evidentiary Applications
9: Hearing Procedures
10: Post-Hearing Applications
11: Costs Applications
Appendices

Jeffery Commission is a senior associate in the International Arbitration Group of Freshfields Bruckhaus Deringer's Washington, DC, office. Jeffery has particular expertise in international dispute settlement, including commercial arbitration and investment arbitration. He has acted as counsel in arbitration cases under the ICSID, ICSID (AF), UNCITRAL, ICC, LCIA, NAI and ICDR rules and also has extensive experience in advising on public international law and international dispute resolution issues, including treaty drafting and interpretation, the law of state responsibility, international investment law, and designing international arbitration and forum selection agreements.

Rahim Moloo is of counsel in the New York office of Gibson, Dunn & Crutcher and is a member of the firm's International Arbitration Practice Group. Rahim has extensive experience in international commercial and investor-state arbitrations and arbitration-related litigation. He is an adjunct professor at Columbia Law School, where he teaches an advanced course on international arbitration, and is co-chair of the American Branch of the International Law Association's Committee on Disputes Involving States.