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9780198758082

Arbitration Under International Investment Agreements A Guide to the Key Issues

by Yannaca-Small, Katia
  • ISBN13:

    9780198758082

  • ISBN10:

    0198758081

  • eBook ISBN(s):

    9780191075582

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 2018-09-19
  • Publisher: Oxford University Press

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Summary

Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law.

Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration.

With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic.

"When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition." --Meg Kinnear, ICSID Secretary General

Author Biography


Katia Yannaca-Small

Katia Yannaca-Small is a Senior Counsel with the International Centre for the Settlement of Investment Disputes (ICSID), where she administers investment disputes brought before the Centre and works on issues of outreach policy related to the Centre's activities. Prior to joining ICSID, she was the Legal Advisor to the OECD Investment Division, where she was responsible for analytical work on all legal issues related to international investment agreements and, in particular, developments in investor-state dispute settlement.

Ms. Yannaca-Small holds a J.D. from the Athens University Law School, Greece and two postgraduate degrees (D.E.A.) in Public International Law and International Economic Law from the University Paris I-Sorbonne. She is also a graduate of the Ecole Nationale d'Administration (ENA), France. Ms. Yannaca-Small is a member of the International Law Association (ILA) and the American Society of International Law (ASIL).

Table of Contents


Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework
1. Bilateral Investment Treaties and FTAs: Recent Developments in Investment Rulemaking, Roberto Echandi
2. The Energy Charter Treaty, Emmanuel Gaillard and Mark McNeill
3. International Dispute Settlement Mechanisms, Ucheora Onwuamaegbu
4. The Role of Precedent in Investment Arbitration, Jan Paulsson
Part II Guide to Key Preliminary and Procedural Issues
5. An Overview of Procedure in an Investment Treaty Arbitration, Bart Legum
6. Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration, Milanka Konstadinova
7. The Fate of Frivolous and Unmeritorious Claims, Katia Yannaca-Small and David Earnest
8. Challenges of Arbitrators in International Investment Arbitration: Where We Are and Where We Are Going, Loretta Malintoppi and Alvin Yap
9. Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration, Andrea Menaker and Eckhard Hellbeck
Part III Guide to Key Jurisdictional Issues
10. Who is entitled to Claima The Definition of Nationality in Investment Arbitration
11. The Meaning of Investment in Investment Treaty Arbitration, Katia Yannaca-Small and Dimitrios Katsikis
12. Bi-furcation of Investment Disputes, Baiju Vasani and Sarah Vasani
13. Burden and Standard of Proof at the Jurisdictional Stage, Baiju Vasani and Timothy Foden
14. Attribution: State Organs and Entities Exercising Elements of Governmental Authority, Georgios Petrochilos
15. Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdictiona
16. The Umbrella Clause, Katia Yannaca-Small
17. Counterclaims in Investment Treaty Arbitration, Mark Clodfelter and Diana Tsutieva
18. The State s Corruption Defense, Prosecutorial Efforts and Anti-Corruption Norms in Investment Treaty Arbitration, Charles Brower and Jawad Ahmad
Part IV Guide to the Key Substantive Issues
19. The Law Applicable in Investment Treaty Arbitration, Yas Banifatemi
20. Fair and Equitable Treatment, Katia Yannaca-Small
21. The National Treatment Obligation, Andrea Bjorklund
22. Indirect Expropriation and the Right to Regulate, Katia Yannaca-Small
23. The MFN Clause: What Are Its Limitsa
Part V Remedies and Costs
24. Interim Relief in Investment Arbitration, Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta
25. Awarding Damages in Investment Arbitration, Irmgard Marboe
26. Third Party Funding, Nigel Blackaby and Alex Wilbraham
Part VI The Post-Award Phase
27. Annulment of ICSID Awards, Katia Yannaca-Small
28. Review of non-ICSID Awards by Municipal Courts, Kaj Hober and Nils Eliasson
29. Enforcement of Investment Awards, August Reinisch
A Practical Guide: Research Tools in International Investment Law Julien Fouret

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