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The Concept of Investment in ICSID Arbitration

The Concept of Investment in ICSID Arbitration

Author: Markus Petsche
Publisher: Oxford University Press
ISBN: 9780198877608
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,690.00

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Description
Contents

Details

This book explores the meaning of 'investment' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the jurisdictional requirement of the existence of an investment. It explores, first of all, the fundamental question of whether the term 'investment' in Art. 25 ICSID Convention has - despite not being defined - some objective or independent meaning. Second, it addresses the substance of that meaning, showing that three main approaches (the prevailing Salini test, the permissibility test, and the commercial-transaction test) co-exist in arbitral practice. Third, it analyses the definitions of 'investment' found in investment treaties including the traditional definitional model, typical requirements, and recent developments in practice. Fourth, it provides an overview of definitions contained in domestic investment laws, highlighting commonalities with, and differences from, definitions found in investment treaties. Finally, it examines the investment status of several specific categories of assets and operations.

The Concept of Investment in ICSID Arbitration offers not only a detailed analysis of the relevant case law, legislation, and scholarship, but also a critical assessment of existing practices and trends, as well as presenting normative recommendations. It also explores issues that are neglected in the existing literature, such as the question of the nature of investment, recent trends in treaty drafting and arbitral case law, and definitions of 'investment' contained in investment laws.

Despite its formal focus on ICSID arbitration, the book also considers other forms of investor-state arbitration proceedings.

1:Preliminary Matters

2:The Question of Whether Art.

25 ICSID Convention Lays Down Independent Requirements for the Existence of an Investment

3:The Meaning of Investment Under Art 25 ICSID Convention

4:The Concept of Investment in Investment Treaties: Traditional Definitions and Typical Requirements

5:Recent Developments in Treaty and Arbitral Practice

6:Definitions of Investment in Investment Laws

7:Investment Status of Specific Categories of Assets and Operations