The Investment Treaty Arbitration Review - 4th Edition

The Investment Treaty Arbitration Review - 4th Edition

Pages: 438

ISBN: 978-1-83862-019-6

  • £350.00

The past year has again confirmed The Investment Treaty Arbitration Review’s contribution to its field. The biggest challenge for practitioners and clients over the past year has been to keep up with the flow of new developments and jurisprudence in the field. Many useful treatises on investment treaty arbitration have been written. The relentless rate of change in the field rapidly leaves them out of date. In this environment, therefore, The Investment Treaty Arbitration Review fulfils an essential function. Updated every year, it provides a current perspective on a quickly evolving topic.

In this book: 


  • Preface
    • Bart Legum, Dentons

Part I Jurisdiction

  • Covered Investment
  • Covered Investors
  • 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: arbitration rule 41(5)
  • Investment Arbitration and Parallel Proceedings
  • Evidence and proof
  • Evolution of the third-Party Funder
  • Rules of Institutions
  • Corruption, fraud and abuse of process in investment treaty arbitration
  • Challenges to Arbitrators under the icsid convention and rules

Part III Practical and Systemic Issues

  • The Role of Precedent in Investment Treaty Arbitration
  • Res Judicata in Investment Treaty Arbitration

Part IV Substantive Protections

  • Fair and Equitable Treatment
  • Most Favoured Nation Treatment
  • Full protection and Security
  • Observance of Obligations
  • Political Risk Insurance

Part V Damages

  • Compensation for Expropriation
  • Principles of Damages for violations other than expropriation
  • The Discounted cash flow method of valuing damages in Arbitration
  • Other Methods for Valuing Lost Profits
  • Causation
  • Contributory Fault, mitigation and other defences to damages claims
  • The Determination of Financial Interests in Investment Arbitration
  • Country risk Premium

Part VI Post-Award Remedies

  • Annulment of Investment Arbitration Awards
  • Enforcement of Awards

Part VII Multi-Lateral Treaties

  • Energy Charter treaty
  • Nafta in transition: The Current State of play and what comes next
  • Investor–State Arbitration and the ‘Next Generation’ of Investment
  • Treaties
  • The Comprehensive and progressive agreement for trans-pacific partnership

Bart Legum, Dentons

Barton Legum is a partner in the Paris office of Dentons and the Head of its investment treaty arbitration practice. He has over 20 years' experience in litigating complex cases and has argued before numerous international arbitration tribunals, the International Court of Justice and a range of trial and appeals courts in the United States. His practice focuses on international arbitration and litigation in general and arbitration under investment treaties in particular. From 2000 to 2004, he served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA). The United States won every case decided under his tenure. Bart was educated at Rice University, the University of Georgia School of Law and the University of Paris II Pantheon Assas. He is a member of the Paris and New York bars.

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