ISBN : 9780199676798
New to this Edition:
This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors' achievement in describing and analysing the volume of law created, applied and analysed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognised author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it.
Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies.
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, in addition to a wealth of multilateral treaties and other forms of concession agreements. 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 recently in 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. International Investment Arbitration:Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.
2: Legal Basis of Investment Arbitrations
3: Parallel Proceedings
5: Definition of Investment
6: Investors' Rights
"This second edition, published almost a decade after the first edition, is a masterful work. The book is tightly packed with well researched and practical expositions on relevant investment treaty provisions and case law ... [This] is a 'must have' practical resource for practitioners and arbitrators working on investment law claims; its depth and scholarship will also make it a 'must consult' work for any serious academic study of the area; its comprehensive coverage will require it to be a 'must include' item on any reading list designed for a course on the subject; and it should be a 'must know' for both policy makers and treaty drafters. This book will be an essential and worthy acquisition for any investment arbitration library." - Romesh Weeramantry, Clifford Chance (ICC Dispute Bulletin, 2017)
"There's certainly no doubt that the book excels as a research resource. Note the extensive footnoting and check out the eight-page bibliography listing books, reports and articles. And luckily for practitioners and scholars, the book is logically structured and easily navigable.- Phillip Taylor, MBE, The Barrister"
"Illuminating a complex subject with thoroughness and clarity, this new edition of International Investment Arbitration will be welcomed by international lawyers and arbitrators specialising in this field." - Elizabeth Taylor and Phillip Taylor MBE, Richmond Green Chambers.