The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. The second edition of Investor-State Arbitration builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of this field of international law. The book examines the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of Investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years, is given dedicated coverage. Investor-State Arbitration represents an indispensable tool for practitioners working in law firms, governments, and NGOs involved in this field, as well as for academics and students who are studying international law.
1: Introduction 2: History and Limitations of the Traditional System for Resolving Investment Disputes 3: The Modern System of Investor-State Arbitration 4: Commonly Used Procedural Rules 5: National Court Interference: Anti-Arbitration Injunctions 6: The Course of an Investment Arbitration 7: Special Procedures: Applications and Motions 8: Governing Law in Investment Disputes 9: Consent to Arbitral Jurisdiction 10: Nationality of Investors 11: Investors 12: Jurisdiction Ratione Temporis 13: Exhaustion of Local Remedies 14: Election of Forum: Treaty Arbitration, National Courts or Contract Arbitration 15: Umbrella Clauses 16: State Responsibility, Attribution, and Circumstances Precluding Wrongfulness 17: Discrimination: National Treatment, Most-Favored Nation Treatment, and Discriminatory Impairment 18: Expropriation 19: Fair and Equitable Treatment, Full Protection and Security and War Clauses 20: Transfers 21: Compensation, Damages, and Restitution 22: Annulment, Set Aside, and Refusal to Enforce 23: Enforcement and Execution of Investment Treaty Awards
Borzu Sabahi is a partner at Curtis Mallet-Prevost Colt & Mosle LLP and an Adjunct Professor at Georgetown University Law Center. Noah Rubins is the head of the international arbitration group at Freshfields Bruckhaus Deringer's Paris office. Don Wallace, Jr.R is Professor of Law at Georgetown University Law Center, Chairman of the International Law Institute (ILI), and counsel in Mitchell Silberberg & Knupp LLP.
