The International Law of Investment Claims

This book was first published in 2009. The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

• Systematically codifies the unwritten rules on investment claims, giving readers principles which can be applied to all such cases • Provides a concise and critical analysis of the leading awards of relevant arbitral tribunals, thus making the reader familiar with the precedents established by leading cases • Provides solutions to some of the most intractable problems of investment treaty arbitration, drawing upon judicial decisions and secondary literature from diverse areas of the law