The Investment Treaty Arbitration Review - 7th Edition

The Investment Treaty Arbitration Review - 7th Edition

Pages: 606

ISBN: 978-1-80449-077-8



  • £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: 

Overviews

  • Editor's Preface
    Bart Legum
    Honlet Legum Arbitration

Part I Jurisdiction

  • Covered Investment
  • Covered Investors
  • Requirements of Ratione Personae in a Global Environment
  • Investor-State Mediation

Part II Admissibility and Procedural Issues

  • Admissibility
  • Bifurcation
  • 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
  • Multiparty Claims
  • Fraud and Corruption

Part III Practical and Systemic Issues

  • The Role of Precedent in Investment Treaty Arbitration
  • Treaty Interpretation in Investment Treaty Arbitrations
  • Applicable Law in Investment Treaty Arbitration
  • Res judicata
  • 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
  • Most-Favoured Nation Treatment
  • Full Protection and Security
  • Legal Defences to Claims
  • 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 Damages in Arbitration
  • Causation
  • Contributory Fault, Mitigation and other Defences to Damages
  • Country Risk 
  • Choosing the Appropriate Valuation Approach for Damages Assessment

Part VI Post-Award Remedies

  • Annulment of Investment Arbitration Awards
  • Enforcement of Awards

Part VII Multi-Lateral Treaties

  • Energy Charter Treaty
  • NAFTA and USMCA:  Continuing the Saga
  • Investor–State Arbitration and the 'Next Generation' of Investment Treaties
  • The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Part VIII Industries

  • Oil: Mexico’s Recent Reforms in the Hydrocarbons Sector
  • Expert Role in Causation Analysis for Energy Transition Related Arbitration
  • Investment Treaty Disputes in the Life Sciences Industry
  • Transportation Arbitrations and Complexities in Estimating Damages 

Bart Legum, Honlet Legum Arbitration

Barton Legum is a founding partner of Honlet Legum Arbitration. He concentrates on international arbitration, both commercial and investor-state. He has over 30 years of experience as arbitrator, counsel and expert witness. Civil law, common law and public international law have governed in the cases he has addressed. His case experience spans a wide variety of different sectors, including energy, mining, construction, pharmaceuticals, banking, manufacturing, telecommunications and others. He is frequently appointed in cases involving states or state enterprises as well as disputes between businesses. He has acted as conciliator as well as arbitrator.

Bart is a member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce. He is a past chair of the American Bar Association’s Section of International Law, a professional organisation with more than 20,000 members across 90 countries. The president of the World Bank designated him as a member of the ICSID Panel of Conciliators.

In addition to decades of private practice at prominent international law firms, Bart’s career has included years of government service. He has served both as a law clerk to a US federal court of appeals judge and in the Office of the Legal Adviser of the US State Department. In the latter role, he acted as lead counsel for the US government in defending the first arbitrations against it under the investment chapter of the North American Free Trade Agreement. The United States won every case heard under his tenure.

As well as being the editor of The Investment Treaty Arbitration Review, Bart was the editor of International Litigation Strategies and Practice (2nd edition 2014; 1st edition 2005; American Bar Association). Bart publishes often on international dispute resolution topics, and frequently speaks at conferences on international arbitration and litigation.


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