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The Investment Treaty Arbitration Review 6th Edition

The Investment Treaty Arbitration Review 6th Edition

The Investment Treaty Arbitration Review 6th Edition

Author: Barton Legum
Publisher: Law Business Research Ltd
ISBN: 9781838627966

Previous Edition ISBN: 9781838624712
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The Investment Treaty Arbitration Review fulfils an essential function. Updated every year, it provides a current perspective on a quickly evolving topic. Organised by topic rather than by jurisdiction, it allows readers to access rapidly not only the most recent developments on a given subject – from jurisdictional and procedural issues to damages and much more – but also the debate that led to and the context behind those developments.

Editor's Preface - Bart Legum, Dentons

Part I. Jurisdiction:

Covered Investment

Covered Investors

Requirements of Ratione Personae in a Global Environment

Ratione Temporis or Temporal Scope

Part II. Admissibility and Procedural Issues:

Admissibility

Bifurcation in Investment Treaty Arbitration

Objection of Manifest Lack of Legal Merit of Claims: ICSID Arbitration Rule 41(5)

Parallel Proceedings in the Context of ISD Arbitration

Provisional Measures

Evidence and Proof

Evolution of the Third-Party Funder

Challenges to Arbitrators Under the ICSID Convention and Rules

Challenging Arbitrators in Investment Treaty Arbitration

Fraud and Corruption

Part III. Practical and Systemic Issues:

The Role of Precedent in Investment Treaty Arbitration

Treaty Interpretation in Investment Treaty Arbitrations

res judicata

Selection of Arbitrators in Investment Arbitration

The Choice of the Seat in Investment Arbitration

Attribution of Acts or Omissions to the State

Part IV. Substantive Protections:

Fair and Equitable Treatment

Expropriation

Recent Trends in Most Favoured Nation Clauses in International Investment Agreements

Observance of Obligations

Legal Defences to Claims

Political Risk Insurance

Part V. Damages:

Compensation for Expropriation

Principles of Damages for Violations other than Expropriation

Other Methods for Valuing Lost Profits

Causation

Contributory Fault, Mitigation and other Defences to Damages

The Determination of Financial Interests in Investment Arbitration

Country Risk Premium

Part VI. Post-Award Remedies:

Annulment of Investment Arbitration Awards

Enforcement of Awards

Revision, Interpretation and Correction of Awards and Supplementary Decisions

Part VII. Multi-Lateral Treaties:

Energy Charter Treaty

NAFTA and USMCA: The Next Stage of the Saga

Investor–State Arbitration and the 'Next Generation' of Investment Treaties

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Part VIII. Industries:

Expert Role in Causation Analysis for Energy Transition Related Arbitration

Investment Treaty Disputes in the Life Sciences Industry

Investment Treaty Arbitration: Construction and Infrastructure Projects

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