The Award in International Investment Arbitration

by Fach Gómez, Katia; Titi, Catharine

• ISBN13: 9780192872968
• ISBN10: 0192872966
• Format: Hardcover
• Copyright: 2024-12-05
• Publisher: Oxford University Press

Summary

The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting.

By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

Author Biography

Katia Fach Gómez, Dr iur., LLM, is a tenured lecturer (Profesora Titular) of private international law at the University of Zaragoza (Spain). She is author of several legal books, book chapters, and articles published in English, Spanish, and German. She holds a European PhD summa cum laude and an LLM from Fordham University (NY) (summa cum laude and Edward J. Hawk prize). She has been designated by the Kingdom of Spain as conciliator in the ICSID Panel of Conciliators (2020-2026), acts as independent arbitrator and mediator in international and domestic disputes and has been involved in key international litigation cases in the USA and Europe. Her specialist research areas include international investment law, international arbitration and ADR, international contract law, and international technology law.

Catharine Titi, Dr iur., FCIArb, is a tenured research associate professor at the French National Centre for Scientific Research (CNRS) and the CERSA, University Paris-Panthéon-Assas, France. She is Co-Chair of the Academic Forum on ISDS and serves on the Board of the European Society of International Law (ESIL) and the Scientific Committee of the UNESCO Chair on Threats to Cultural Heritage. She is appointed to the roster of the United States-Mexico-Canada Agreement's (USMCA) Annex 31-B panellists. Catharine holds a PhD in law (summa cum laude, Rolf H. Brunswig PhD Prize). In 2016, she was awarded the prestigious Smit-Lowenfeld Prize of the International Arbitration Club of New York. Her work focuses on public international law, the settlement of international disputes, international investment law and arbitration, and cultural heritage law.

Table of Contents

PART I: KEY ASPECTS AND TYPES OF INVESTMENT AWARDS1. What Is an Award? Concept, Content, Drafting, Effects2. The Award on Jurisdiction and Merits3. Compensation4. The Cost Award5. Consent Awards6. Draft Awards: Twirling Curls on a Bald HeadPART II: PROCEDURAL PRINCIPLES7. The Legal Nature of the Treaty-Based Consent to Investment Arbitration8. Burden and Standard of Proof on Jurisdiction9. On the Adjudicative Discretion of Investment Arbitrators: Between ne ultra petita, ne infra petita, and jura novit curia10. Equality of ArmsPART III: THE CONTENT OF INVESTMENT AWARDS11. The Relevance of the Facts in Complex Investor-State Arbitration Proceedings: Reflections on the Drafting of Arbitral Awards12. The Applicable Law in Investor-State Dispute Settlement13. The Interpretation of Exceptions14. The Role of Human Rights in Investment Awards15. Counterclaims: Trends and Perspectives16. Investment Tribunalsâ Search for the Truth and Its Impact on the Arbitral Award17. The Impact of Expert Legal Opinions: A NAFTA Chapter 11 Case StudyPART IV: AWARD DRAFTING18. Tribunal Dynamics and Arbitral Deliberations19. The Role of Tribunal Secretaries in the Drafting of Investment Awards20. The Reasoned Award21. To Err Is Human, to Dissent Divine22. An Empirical Analysis of Legal Reasoning: Comparing Investment Arbitration and International Commercial ArbitrationPART V: REVIEW AND ENFORCEMENT23. Annulment and Set-Aside24. Review beyond Annulment: Correction, Additional Awards, Clarification, and Revision25. The Appeal in International Investment Arbitration26. Recognition and Enforcement of ICSID Convention Awards27. Recognition and Enforcement of Non-ICSID Convention AwardsPART VI: CROSS-CUTTING ISSUES28. The Investment Award in a Historical Perspective29. Empirical Dimensions of Investment Awards30. Gender and Investment Awards31. The Visible and Invisible Footprint of New Technologies in Investment Awards