The Investment Treaty Arbitration Review 6th Edition

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The Investment Treaty Arbitration Review 6th Edition

By Barton Legum
Law Business Research Ltd

Specifications

ISBN-13
9781838627966
Publisher
Law Business Research Ltd
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only
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Details

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.

Table of Contents

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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