In-depth
Investment Treaty Arbitration
Editor:
Barton Legum
In-Depth: Investment Treaty Arbitration (formerly 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 – from jurisdictional and procedural issues to damages and much more – but also the debate that led to and the context behind those developments.
Overview
Part I: Jurisdiction
Part II: Admissibility and Procedural Issues
- Admissibility
- Bifurcation
- Objection of Manifest Lack of Legal Merit of Claims under the ICSID Arbitration Rules
- Parallel Proceedings in the Context of ISD Arbitration
- Provisional Measures
- Evidence and Proof
- Evolution of the Third-Party Funder
- Challenges to Arbitrators under the ICSID Convention and Rules
- Challenging Arbitrators in Investment Arbitration: the Non-ICSID Framework
Part III: Practical and Systemic Issues
- Investor-State Mediation
- The Role of Precedents in Investment Treaty Arbitration
- Treaty Interpretation in Investment Treaty Arbitration
- Applicable Law in Investment Treaty Arbitration
- Res Judicata
- The Choice of Seat in Investment Arbitration
- Attribution of Acts or Omissions to the State
- Counterclaims
Part IV: Substantive Protections
Part V: Damages
- Compensation for Expropriation
- Damages for Violations other than Expropriation
- The Discounted Cash Flow Method of Valuing Damages in Arbitration
- Considerations for the Valuation of Energy Assets in Arbitration
- Causation
- Contributory Fault, Mitigation and Other Defences to Damages
- Country Risk
- Choosing the Appropriate Valuation Approach for Damages Assessment