Full Description
International investment law and arbitration is a rapidly evolving field, and can be difficult for students to acquire a firm understanding of, given the considerable number of published awards and legal writings. The first edition of this text, cited by courts in Singapore and Colombia, overcame this challenge by interweaving extracts from these arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary. Now fully updated and with a new chapter on arbitrators, the second edition retains this practical structure along with the carefully curated end-of-chapter questions and readings. The authors consider the new chapter an essential revision to the text, and a discussion which is indispensable to understanding the present calls for reform of investment arbitration. The coverage of the book has also been expanded, with the inclusion of over sixty new awards and judicial decisions, comprising both recent and well-established jurisprudence. This textbook will appeal to graduates studying international investment law and international arbitration, as well as being of interest to practitioners in this area.
Contents
Foreword; Preface; Acknowledgements; Table of treaties, national legislation, cases and awards; List of abbreviations; 1. The origins of investment protection and international investment law; 2. Investment contracts and internationalisation; 3. The metamorphosis of investment treaties; 4. Investment dispute settlement; 5. Jurisdiction, admissibility and parallel proceedings; 6. Applicable laws; 7. Arbitrators; 8. Evidence; 9. Provisional measures; 10. Protected Investments; 11. Protected investors; 12. Fair and equitable treatment, and full protection and security ; 13. Contingent standards: national treatment and most-favoured nation treatment; 14. Expropriation; 15. Umbrella clauses; 16. Defences; 17. Remedies; 18. Costs and legal fees; 19. Challenging and enforcing awards, and the question of foreign state immunities; 20. New directions in international investment law and arbitration; Index.
