Arbitration / Mediation / Litigation

The Structure of Investment Arbitration

By Tony Cole
Routledge June 2013

Specifications

ISBN-13
9780415579858
Publisher
Routledge
Publication
June 2013
Format
Hardback , 174 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Although a State’s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.

Table of Contents

Part 1: Introduction 1. The Development of Investment Arbitration 2. Perspectives on Investment Arbitration; States, Investors and The Public Part 2: Justice in Investment Arbitration 3.Conceptions of Justicein Investment Arbitration 4. Treatment of Justice Issues by Investment Arbitration Panels 5. Treatment of Comparable Justice Issues in Other Fora 6. The Effects of Arbitral Procedure on Considerations of Justice Part 3: Applications 7. States: Emergency Exceptions 8. Investors: Corruption and Abuse of Power 9. Public: Third-Party Participation in Investment Arbitrations 10. The Resolution of Investment Disputes: Damages Awards in Investment Arbitration Part 4: Conclusion

About the Author

Tony Cole is Senior Lecturer at Brunel Law School and Director of the Brunel Centre for International Arbitration and Investment Law. He works primarily in international arbitration and international investment law, and authors the blog A Canon for Arbitration and Investment Law.

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