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| List of Abbreviations | |
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| List of Key Websites | |
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| Table of Cases (Investment Arbitration; International; Domestic) | |
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| Table of Domestic Statutes | |
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| Table of Treaties | |
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| Introduction | |
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| The system of investment treaty arbitration | |
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| The scope and complexity of the system | |
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| The exceptionality of the system | |
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| A Return to the Gay Nineties? | |
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| Historical Background | |
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| The context of post-colonial conflict | |
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| The proposals for a multilateral investment code | |
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| The Emergence of the System | |
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| The explosion of claims | |
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| The role of arbitration treaties | |
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| Explanations for the emergence of the system | |
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| Conclusion | |
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| From Contract to Public Law | |
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| The Analytical Framework | |
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| The public-private distinction | |
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| Sovereignty and regulatory adjudication | |
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| The Origins of the Treaty Structure | |
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| The establishment of international commercial arbitration | |
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| The expansion into the regulatory sphere | |
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| Investment Treaty Arbitration as Regulatory Adjudication | |
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| The character of international commercial arbitration | |
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| The specific consent: arbitration as contract | |
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| The general consent: arbitration as governing arrangement | |
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| The investor's consent | |
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| Conclusion | |
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| Scope and Standards of Review | |
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| The Scope of Investment Treaty Arbitration | |
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| The Standards of Review | |
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| National treatment | |
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| The minimum standard of treatment | |
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| Expropriation | |
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| Conclusion | |
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| The Transformation of International Law | |
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| The Individualization of Claims | |
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| The Prospective Consent | |
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| The Dynamic of State Liability | |
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| The Far-reaching Nature of Claims | |
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| The removal of the duty to exhaust local remedies | |
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| The facilitation of forum-shopping | |
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| International Enforceability | |
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| Conclusion | |
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| Approaches and Interpretations | |
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| The Discretion of Arbitrators | |
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| The Interpretive Approaches of Arbitrators | |
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| The analogy to commercial arbitration | |
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| The analogy to public international law | |
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| The investor rights approach | |
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| The public law framework | |
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| Conclusion | |
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| The Businessman's Court | |
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| Four Criteria of Public Law Adjudication | |
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| Accountability | |
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| Openness | |
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| Coherence | |
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| Independence | |
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| The Options for Reform | |
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| The limits of domestic responses | |
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| An international investment court | |
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| Bibliography | |
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| Index | |