The Investment Treaty Arbitration Review - 6th Edition

The Investment Treaty Arbitration Review - 6th Edition

Pages: 604

ISBN: 978-1-83862-796-6

  • £350.00

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.

In this book: 


  • Editor's Preface
    Bart Legum

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


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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