The Future of Investment Arbitration

Author: Catherine A Rogers; Roger P Alford
Publisher: Oxford University Press USA
ISBN: 9780195371802
Published In: April 2009
Format: Hardback , 402 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This unique book covers the most important current developments in the field, offers insights into the thinking of key officials and practitioners, and is a forward-looking analysis of the development of investment arbitration.
This book brings together the leading authorities on investment arbitration, including arbitrators, scholars, arbitration counsel, and policymakers to form a must-read, in-depth conversation on the future of investment arbitration.
The authors are up-and-coming authorities in the field of international arbitration

Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars.

The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy.

The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.

Preface: By David D. Caron & Lucy Reed
Introduction: By Gabrielle Kaufmann-Kohler
PART I: THE ADEQUACY OF EXISTING RULES FOR INVESTOR-STATE ARBITRATION
INTRODUCTION: By Roger P. Alford & Catherine A. Rogers
CHAPTER 1: Recent Developments in the Rules of Procedure for Arbitration of Disputes between States and Foreign Investors By Ucheora O. Onwuamaegbu
CHAPTER 2: Confidentiality in an Age of Transparency: Challenges for Investment Arbitrators By Gary B. Born
CHAPTER 3: Interim Measures and Dismissal Under the ICSID Rules By Carolyn Lamm & Hansel Pham
CHAPTER 4: Res Judicata: What Investment Arbitration Can Learn from the 2006 ILA Resolution on International Commercial Arbitration By Catherine Kessedjian
PART II: THE FUTURE OF BITs
INTRODUCTION: By Roger P. Alford & Catherine A. Rogers
CHAPTER 6: The Effect of BITs on the Emergence of an Established International Body of Investment Law By Arif H. Ali
CHAPTER 7: Bi-Lateral Investment Treaties 1995-2006: Trends in Investment Rule-Making
UNCTAD Work Programme on International Investment Agreements Supervised by Anna Joubin-Bret
CHAPTER 8: States Can't Enter Into Too Many BITs By Andrea Menaker
CHAPTER 9: Do BITs Benefit Developing Countries? By Susan Rose-Ackerman
CHAPTER 10: Protection against Arbitrary and Discriminatory Treatment By Christoph Schreuer
CHAPTER 11: The Potential Impact of Circulating Draft Awards Under U.S. Model BIT By Jack C. Coe
CHAPTER 12: Investment Agreements Between Developed States: The Dilemma of Dispute Resolution By William S. Dodge
PART III: THE PUBLIC FUNCTIONS OF INVESTMENT ARBITRATION DECISIONMAKING
INTRODUCTION: By Roger P. Alford & Catherine A. Rogers
CHAPTER 14: Reactions to Neo-Liberal Excesses in Investment Arbitration By M. Sornarajah
CHAPTER 15: Tax, Arbitration and Investment Protection By William W. ("Rusty") Park
CHAPTER 16:Fact-Finding in the Fog: Determining the Facts of Wars and Upheavals By John Crook
CHAPTER 17: The Challenges Confronting Small Investors By Lee M. Caplan
CHAPTER 18: The Arbitrator as Guardian of International Public Policy: Should Arbitrators Go Beyond Solving Legal Issues? By Stephan Wilske & Martin Raible
CONCLUSIONS: CURRENT CHALLENGES AND VISIONS OF INVESTMENT ARBITRATION'S FUTURE
CHAPTER 19: Confronting the Truth: Sources and Magnitude of Decentralization in Investment
Treaty Arbitration By Charles "Chip" H. Brower

Roger P. Alford is an associate professor of law at Pepperdine Law School. Professor Alford served as a senior legal advisor with the Claims Resolution Tribunal for Dormant Accounts in Switzerland, the tribunal established by the Volcker Commission to resolve claims to Holocaust-era dormant Swiss bank accounts.

Catherine A. Rogers is a professor at Penn State Law School, where she teaches and writes in the areas of international arbitration and professional legal ethics. Professor Rogers' scholarship focuses on the convergence of the public and private in international adjudication, and on the reconceptualization of the attorney as a global actor. Professor Rogers is an Associate Reporter for the American Law Institute's Restatement of the Law (Third) of International Commercial Arbitration. She has taught, lectured around the world and published extensively on topics of international arbitration and global legal ethics. Her scholarship has been selected for various prizes and distinctions, including two Stanford-Yale Junior Faculty Fora.