International Investment Arbitration Substantive Principles

ISBN-10: 0199557519
ISBN-13: 9780199557516
Edition: 2008
List price: $135.00
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Description: Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral  More...

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Book details

List price: $135.00
Copyright year: 2008
Publisher: Oxford University Press, Incorporated
Publication date: 9/15/2008
Binding: Paperback
Pages: 600
Size: 6.50" wide x 9.50" long x 1.25" tall
Weight: 2.2
Language: English

Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, inaddition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriatedor adversely affected by the state's activities. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recentlyin the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to beginthe necessary process of codification. International Investment Arbitration:Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals.It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. The book examines the main treaties, analyses published investment awards, and provides in-depth coverage of where investment disputes come from; who is aforeign investor, including nationality issues and foreign control; what is an investment; investor's rights, including admission to territories and State treatment of investors; expropriation; compensation; dispute resolution; transfer, assignment and subrogation; and future trends. As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith and Gibson, Dunn and Crutcher, and benefiting fromthe public and private international law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.

Campbell McLachlan QC is Professor of International Law at Victoria University of Wellington. He is a New Zealand Law Foundation International Research Fellow and sometime Visiting Fellow at All Souls College, University of Oxford. He has been President of the Australian and New Zealand Society of International Law and taught at The Hague Academy of International Law. He is a member of Essex Court Chambers (London) and Bankside Chambers (Auckland and Singapore).

Overview
Legal Basis of Investment Arbitrations
Parallel Proceedings
Nationality
Definition of Investment
Investors' Rights
Expropriation
Compensation
Appendices
NAFTA Chapter 11
ECT Investment Provisions
Agreement on the ASEAN Investment Area
UK Model BITUS 1994 and 2004 Model BITs
Germany Model BIT
Netherlands Model BIT
Sri Lanka Model BIT
France Model BIT
Chapter II of the ICSID Convention
World Bank Investment Guidelines

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