The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and -autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. 1782 in international arbitration.

The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law.
This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law.
The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historictradition of independent courts.

Based on a conference held at the University of Vienna by the International Law Association Committee on the Law of Foreign Investment on Standards of Investment Protection, this book examines the growing interest in substantive treatment standards as a result of the increase in investment arbitration proceedings, and focuses on the identification of a possible consensus of interpretation of these substantive treatment standards.
With contributors who are members of the ILA Committee, as well as renowned experts in the field of investment law from academia and practice, this collection examines the increased attention paid in recent years to substantive treatment standards as a result of the growing number of investment arbitration proceedings which have reached the merits stage. ICSID, NAFTA, UNCITRAL and other awards have helped to provide more specific meaning to the general standards of investment protection found in the majority of international investment instruments, in particular in bilateral investment treaties (BITs). It is thus crucial for a deeper understanding of the present law on the treatment of foreign investment to analyze this developing jurisprudence. This book will provide a first-hand road-map of current investment law and bring readers up to date concerning the most recent developments in the field.

Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.

The proliferation of new international courts and tribunals in recent years has given rise to concerns of jurisdictional overlaps between the new and existing judicial bodies. The book examines what would happen when the same dispute falls under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating between the various jurisdictions and identifies rules of law which ought to apply in such circumstances.

Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.

Based on the author's Hague Lectures on ICSID, this book on ICSID and the ICSID Convention provides a detailed introduction to the worlds leading institution devoted to international investment dispute settlement. Fully up-to-date as of mid-2019, the book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards. The author also discusses efforts to reform international investment dispute settlement in general and ICSID arbitration in particular. ICSID: An Introduction to the Convention and Centre is an authoritative, essential guide for students, practitioners, policymakers, investors, NGO activists, and journalists with an interest in investor-state dispute settlement.

Although arbitration is a way of settling disputes without expensive court litigation, it carries with it a central conflict for the state. That is, if the judgments of the arbiter are not supported by the state, then they are not enforceable, and arbitration becomes unworkable. On the other hand, arbitration can frequently be manipulated to maintain inequitable relationships, and the state has legitimate reservations about surrendering or leasing its authority. In this work, Ian Macneil examines the history of the American arbitration legislation that deals with this conflict.

The defense industry develops, produces, and sells weapons that cause great harm. It operates at the intersection of the public and private sectors, with increased reliance on technology companies. Although such firms exist primarily to serve their host states, they routinely interact with foreign legal systems and diverse cultures. This context creates unique ethical challenges. That being the case, is the defense industry ethically defensible? How should it be regulated? How should it respond to worrisome technological developments such as autonomous weapons systems? How should business be conducted in countries where bribery is the norm? To what extent can this industry's intrinsic ethical problems be overcome? This book addresses such questions, bringing together the diverse perspectives of scholars and practitioners from academia, government service, the military, and the private sector. It aims to inform a discussion about the moral and legal challenges facing the global defense industry and to introduce solutions that are innovative, effective, and practical.

The Iran-US. Claims Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens, treaty law, and international arbitral procedure. The 40th volume of the Iran-US Claims Tribunal Reports makes available to the public the Tribunal's most recent work, including an important award in a large dispute between Iran and the United States. This volume of the Reports is a critical contribution to the field of international arbitration that will inform and guide the practice of international arbitration practitioners from around the world.

The Hong Kong International Arbitration Centre (HKIAC) is one of the world's most highly sophisticated arbitration institutions, with a continuously growing annual caseload. Now in its second edition, this detailed commentary with its insider's perspective has firmly established itself as the leading, authoritative guide to the HKIAC Administered Arbitration Rules. The text has been updated to capture over 1,000 new cases since 2017. It begins with an introduction to the HKIAC, including a history with statistics and details of other services provided by the HKIAC. The commentary then examines each article of the Rules in depth, drawing on the authors' years of experience administering arbitrations under earlier HKIAC Administered Arbitration Rules (2008 & 2013), and highlighting changes introduced by the 2018 Rules, including provisions on online dispute resolution, the use of technology for the determination of the arbitral process, use of alternative dispute resolution techniques, early determination of proceedings, and concurrent proceedings. Offering practical guidance, the book makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. Benefiting from the authors' previous experience with the HKIAC and with the support of the HKIAC Secretariat and other members of the HKIAC Rules Revision Committee, the book examines examples of anonymised cases handled at the HKIAC, and also discusses various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. In particular, the book details HKIAC's experience in handling applications under the new Interim Measures Arrangement between Mainland China and Hong Kong. The appendices include relevant supporting documents including recommended HKIAC Arbitration Clauses, the HKIAC Administered Arbitration Rules (2018), the UNCITRAL Arbitration Rules 2010, the amended Hong Kong Arbitration Ordinance, and updated practice notes and statistics.

Effective persuasion is an art; an art which can be learned and perfected with practice and insight into human behaviour. This innovative book, written for lawyers and those interested in the science of persuasion in a legal setting, is the first to explain how key concepts from psychology, sociology, and communication science can be productively applied to the art of persuasion in international dispute resolution. Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of those key skills associated with success in arbitration. Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world's leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain "the edge" when it comes to using negotiation in their dispute resolution practice.

The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one. The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.

Emergency Arbitration is the first work of its kind to provide clear and authoritative guidance on the practice and theory of this increasingly utilized procedure. By examining the leading emergency arbitration rules, the book identifies a common procedural framework for the commencement, conduct, and decision-making process in an emergency arbitration. This framework is developed through the articulation of 'The Fifteen Principles of Emergency Arbitration'. These are aimed at giving parties greater control and certainty in bringing and defending applications for emergency measures. The book combines a practical approach, including the use of flowcharts and tables, with in-depth analysis of important issues arising in emergency arbitration. These include the status of the emergency arbitrator; the relationship between the emergency arbitrator, the arbitral tribunal, and courts; the role of the seat of emergency arbitration; applicable laws and transnational standards; due process requirements; the enforceability of decisions; and use of the procedure in investment treaty arbitration. Emergency Arbitration is thus a vital companion to those contemplating, or facing, an emergency arbitration.

Now available in paperback, the second edition of The History of ICSID details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The four periods 1968 to 1988, 1989 to 1999, 2000 to 2010, and 2011 to 2015 are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, examines how ICSID might meet several large new challenges facing it, and outlines several possible further changes of its rules and procedures The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID. It is essential reading for those involved in this field.

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.

Russian Arbitration Law and Practice provides a comprehensive and practical analysis of Russian arbitration law of post-2015 reform. After addressing issues such as arbitrability, arbitration clauses, arbitral procedure, the book looks into the way Russian courts apply arbitration law when Russian parties seek to set aside unfavourable awards and when foreign parties seek to have awards enforced against Russian parties. The book provides guidance to Russian arbitration law in operation, drawing on the authors own practical insight and experience. The author offers a comprehensive description of the relevant areas of Russian law including procedural law, mandatory rules, and the most relevant public regulations that influence recognition and enforceability of an award in Russia. It highlights problematic areas for due diligence of potential Russian business partners, serving the purpose of avoiding future disputes. The book also deals with court procedures in Russia (injunctions, parallel proceedings, etc.) that may affect arbitral proceedings. The issues of recognition and enforcement of arbitral awards in Russia and challenging arbitral awards in Russia are also covered. A section is devoted to particularities of arbitral proceedings at ICAC, Russia's most popular arbitral institution, and to arbitration proceedings with its seat in Russia.

A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 16 of the ICSID Reports includes the final award on jurisdiction and merits in Methanex v. United States and the awards in F-W Oil Interests v. Trinidad and Tobago, Noble Ventures v. Romania and Berschader v. Russia.

For the first time, a monograph thoroughly analyses the controversial and sensitive topic of secretaries to arbitral tribunals. Tribunal secretaries support arbitrators at all stages of the arbitration and provide valuable assistance; yet, thus far, they have remained largely in the shadows. This book provides vital discussion on how tribunal secretaries should be appointed, what specific tasks they may be endowed with, and what the consequences of an impermissible use are. Comprehensive analysis of case law, arbitration legislation, institutional rules and guidelines, and supporting literature guides the reader towards a profound understanding of the benefits and pitfalls surrounding the tribunal secretary's position. Tribunal Secretaries in International Arbitration adopts a transnational approach to systematically answer questions often discussed but thus far unresolved. Structured in three parts, the book develops the conceptual foundations, discusses the practical implementation, and outlines limits of the permissible use of tribunal secretaries. The busy practitioner is furnished with easy-to-use templates and guidelines for practical and seamless implementation in international arbitrations. These include a seven-step formal appointment process, ready-to-use material for correspondence with the parties, and a Traffic Light Scale of Permissible Tribunal Secretary Tasks for the consultation of arbitrators, secretaries and parties alike. Shining a spotlight on the tribunal secretary, this monograph is an invaluable contribution to the further institutionalisation of a role of ever-increasing importance in the coming years. With useful analysis and practical guidelines, it is an essential tool for all practitioners and academics involved in international arbitration.

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards.
The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyze the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in future.

Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators brings together world-renowned international arbitration specialists - both practitioners and academics - who have never before appeared in the same volume. This book contains an invaluable collection of essays that provide expert guidance on some of the most recent developments and current issues in this burgeoning discipline, ranging from Professor William Park's hands-on explanation of international arbitration law to Professor Martin Hunter's recollections of past events and reflections on future trends. In between are essays by some of the most distinguished international arbitration practitioners and world-renowned academics that provide guidance on a broad spectrum of defining issues in the field. The volume is intended to commemorate the 100th anniversary of the Chartered Institute of Arbitrators - the first learned society in the world devoted to the teaching of arbitration.