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Arbitration Under International Investment Agreements - A Guide to the Key Issues (Hardcover, 2nd Revised edition)
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Arbitration Under International Investment Agreements - A Guide to the Key Issues (Hardcover, 2nd Revised edition)
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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
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