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Investment arbitration is at the cutting edge of international law
and dispute resolution, and is predicted to be a major factor in
the development of the global economic system in years to come.
This one-volume monograph contains contributions from leading
experts on a wide range of topics of both theoretical importance
and practical implication that will affect the future of investment
arbitration. The highly innovative chapters combine to form a
constructive and valuable discussion for all in the arbitration
field. The contributors, chosen to represent the full spectrum of
perspectives, are leading arbitration experts from all over the
world, including ICSID insiders, US government officials, UNCTAD
research personnel, seasoned investment arbitrators and counsel,
and renowned legal scholars.
The book is divided into three themes, with the first centering on
the adequacy of UNCITRAL and ICSID arbitration rules, with
particular attention to recent and proposed changes. The second
theme focuses on the future of bilateral investment treaties,
discussing trends in the interpretation of treaty provisions and
the debate concerning the efficacy of the treaties in benefiting
developing countries. The third theme revolves around the public
function of investment arbitration decisions, including the use of
arbitration to resolve disputes between sovereigns and the
arbitrators' role as a guardian of international public policy.
The Future of Investment Arbitration is unique in its outstanding
range of topics and the expertise of the contributors. It previews
and guides future directions in the field, as well as discussing
the larger policy implications of specific rules. It includes
cutting-edge analysis of empirical research regarding BITS that is
essential to evaluating many assumptions about investment law and
arbitration. Finally, the book takes a broad perspective, examining
the rules discussed within the larger structural context of
investment arbitration, and drawing investment arbitration into the
wider setting of international law and corporate governance.
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