Foreign investors enjoy the protection of a vast network of
international investment agreements (IIAs) supplemented by the
general rules of international law. Under these treaties, states
must accord substantive standards of promotion and protection, in
addition to an investor-state arbitration mechanism that allows
investors to enforce these standards against host states. In
response to disputes arising under the IIA regime, since the early
1990s a significant body of arbitral jurisprudence has come into
being. This book is the first to provide a comprehensive
explanation of these standards of treatment, taking into account
the full weight of relevant jurisprudence as it continues to
evolve. Where possible, the authors critically examine applicable
principles that can be seen to emerge for international commercial
arbitration practitioners.The book focuses on the substantive
protections accorded to investors and investments and on the
variations among jurisdictions. Among the many specific issues and
topics that arise in the course of the discussion are the
following:A { problems of transparency and conflict of interest;A {
the recent growth in IIAs between and among developing nations;A {
the effect of new model bilateral investment treaties (BITs);A {
the ability of non-disputing parties to participate in
investor-state arbitration;A { theories of the interaction of
foreign direct investment (FDI) and BITs;A { investor-state
arbitration as an evasion of public regulatory authority;A { the
role of investment funds in international investment;A { A fork in
the road A| provisions; andA { institutional versus ad hoc
arbitration.International business and other investors will greatly
appreciate the in-depth information and insightful guidance in this
solidly useful book. It will also be welcomed by jurists and
students as a significant milestone in the development of
principles in a quickly growing field of practice that is still
plagued with inconsistencies.
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