The Investment Treaty Arbitration Review - Edition 2

Pages: 352

ISBN: 978-1-910813-56-0

  • £350.00

The past year confirmed the usefulness of 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. There was a significant increase in the number of investment treaty arbitrations registered in the first years of this decade. These cases have come or are now coming to conclusion. The result today is more and more awards and decisions being published, making it hard for practitioners to keep up.

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 The relentless rate of change in the field rapidly leaves them out of date.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. Organised by topic rather than by jurisdiction, it allows readers to access rapidly not only the most recent developments on a given subject, but also the debate that led to, and the context for, those developments.

This second edition adds new topics to the Review, increasing its scope and utility to practitioners. It represents an important achievement in the field of investment treaty arbitration. I thank the contributors for their fine work in developing the content for this volume.

In this book: 


  • Preface
    • Bart Legum, Dentons


  • Covered Investment
  • Covered Investors
  • Ratione Temporis or Temporal Scope

Admissibility and Procedural Issues

  • Admissibility
  • The Requirements Ratione personae
  • The Bifurcation of Jurisdiction from Merits, and Merits from Damages
  • Objections of Manifest Lack of Legal Merit of Claims: The Success of Arbitration Rule 41(5)
  • Investment Arbitration and Parallel Proceedings
  • Interim Measures in International Investment Arbitration
  • Third-Party Funding: Security for Costs and Other Key Issues
  • Multiparty Proceedings and Mass Claims
  • Corruption, Fraud and Abuse of Process in Investment Treaty Arbitration

Substantive Protections

  • Expropriation
  • Observance of Obligations
  • Political Risk Insurance


  • Contributory Fault, Mitigation and Other Defences to Damages Claims

Post-Award Remedies

  • Annulment of Investment Arbitration Awards
  • Enforcement of Awards

Multilateral Treaties

  • The Energy Charter Treaty
  • NAFTA: Past, Present and Future
  • European Law and Investment Treaties
  • The Trans-Pacific Partnership: Lessons Learned for ISDS

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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