The Investment Treaty Arbitration Review - Edition 1

Barton Legum
  • Editor:
  • Barton Legum
  • Dentons

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Only a handful of awards were rendered in the first year of my immersion in investment treaty arbitration. This pace left time, even for an active practitioner, to study and annotate each new award. With the dramatic increase in the number of investment treaty arbitrations over the past 15 years, however, the pace of new awards is such that practitioners struggle 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 The relentless rate of change in the field rapidly leaves them out of date.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 provides context for, those developments.

This first edition represents an important contribution to the field of investment treaty arbitration, and a useful new tool in the kits of practitioners. I thank the contributors for their fine work in developing the content for this volume.

About the Editor

Bart Legum is a partner in the Paris office of Dentons and head of the firm’s investment treaty arbitration practice. Bart has over 25 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, Bart 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 is a past chair of the Section of International Law of the American Bar Association, an international bar organisation with over 24,000 members from over 90 countries around the world. In 2012–2013, he served as chair of the Section and chaired its Executive Committee, Council and Administration Committee.

In addition to being the editor of The Investment Treaty Arbitration Review, Bart is the editor of International Litigation Strategies and Practice (2nd ed. 2014; 1st ed. 2005), a book published by the American Bar Association. Bart publishes often on international dispute resolution topics and frequently speaks at conferences on international arbitration and litigation.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Ratione Temporis or Temporal Scope

  • Barton Legum, Michelle Bradfield, Niccolò Castagno and Catherine Gilfedder
  • Dentons

Enforcement of Awards

  • Ivan W Bilaniuk
  • Dentons

Preface

  • Bart Legum
  • Dentons

Admissibility

  • Michael D Nolan and Elitza Popova-Talty
  • Milbank, Tweed, Hadley & McCloy

Compensation for Expropriation

  • Alexander A Yanos
  • Hughes Hubbard & Reed LLP

Provisional Measures

  • George Burn and Alexander Slade
  • Vinson & Elkins RLLP

Multiparty Proceedings and Mass Claims

  • Jeffrey Sullivan, Marie Stoyanov and Lucia Raimanova
  • Allen & Overy LLP

Objections of Manifest Lack of Legal Merit of Claims

  • Alvin Yeo and Koh Swee Yen
  • WongPartnership LLP

The Bifurcation of Jurisdiction from Merits, and Merits from Damages

  • Colin Y C Ong
  • Dr Colin Ong Legal Services

Annulment of Investment Arbitration Awards

  • Sundra Rajoo
  • Kuala Lumpur Regional Centre for Arbitration (KLRCA)

Covered Investors

  • Yutaro Kawabata
  • Nishimura & Asahi

Trans-Pacific Partnership

  • Andrew Stephenson and Lee Carroll
  • Corrs Chambers Westgarth

The Requirements Rationale Personae

  • Ayham Al-Mashni
  • Aljazy & Co.

Third-Party Funding

  • Miriam K Harwood, Simon N Batifort and Christina Trahanas
  • Curtis, Mallet-Prevost, Colt & Mosle LLP

The Energy Charter Treaty and The Spanish Renewable Energy Awards

  • Clifford J Hendel
  • Araoz & Rueda Abogados

Covered Investment

  • Cyrus Benson, Penny Madden and Ceyda Knoebel
  • Gibson, Dunn & Crutcher LLP

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