Investment Treaty Arbitration and International Law - Volume 8

 
9781937518691: Investment Treaty Arbitration and International Law - Volume 8

This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include:

Challenges to Arbitrators: Should the Challenge Process Be Overhauled?

New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?

Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?

Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin?

Contributors Include:

Meriam N. Alrashid

Paul Barker

Julie Bédard

Alexander B lohlávek

Amal Bouchenaki

Mark N. Bravin

Kate Brown de Vejar

Julián Cárdenas Garcia

Tina Cicchetti

Robert A. DeRise

Paolo Di Rosa

James Egerton-Vernon

Timothy L. Foden

George K. Foster

John Y. Gotanda

George Kahale III

Jonathan S. Kallmer

Joshua Karton

Matthew S. Kronby

Pablo D. López Zadicoff

Juan Felipe Merizalde Urdaneta

Craig Miles

Caline Mouawad

Timothy G. Nelson

Michael Nolan

Eloïse Obadia

Sirshar Qureshi

Charles E. Roh

Charles B. Rosenberg

Margarita R. Sánchez

Matthew D. Slater

Fernando A. Tupa

Janet M. Whittaker

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About the Author:

Ian A. Laird is co-chair of Crowell & Moring's International Dispute Resolution Group and practices in the firm's Washington, D.C. office. He is an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. He is the co-founder and Editor-in-Chief of OUP's Investmentclaims.com and Co-Director of the International Investment Law Center at the International Law Institute (ILI) in Washington, D.C.

Borzu Sabahi practices international arbitration and public international law in Curtis, Mallet-Prevost, Colt & Mosle LLP's Washington, D.C. office. He is an adjunct professor of law at Georgetown and Columbia Law Schools where he co-teaches seminars on investor-state dispute resolution and international oil & gas development. He is Editor of Oxford's Investmentclaims.com and Co-Director of the International Investment Law Center at the ILI. He has widely published on international arbitration and regularly speaks at conferences.

Frédéric G. Sourgens is an Associate Professor of Law at Washburn University School of Law and Managing Editor of Investmentclaims.com. Professor Sourgens publishes widely in international and transnational law and has served as counsel and legal expert in many international disputes.

Todd J. Weiler is an independent counsel, arbitrator and expert consultant on investment treaty arbitration. Highly regarded for his engaging and creative style, Dr. Weiler is widely recognized as a leading expert on the NAFTA and CAFTA, the history of international investment law, and on investor-state dispute settlement generally.

Associate Editor:

Kabir Duggal is a senior associate in the International Arbitration group of Baker & McKenzie LLP's New York office. His practice focuses on investor-state arbitration, commercial arbitration, and on issues and disputes relating to public international law. Prior to this, Kabir has worked on many different aspects of public international law. He was a consultant with The World Bank Group and with UNICEF, and was a research clerk to Justice Sujata Manohar (Supreme Court of India and National Human Rights Commission). Kabir is also a Lecturer-in-Law at the Columbia Law School, teaching "International Investment Arbitration," and serves on ICSID Review's Peer Review Board. He is a Fellow at the Columbia Center on Sustainable Investment and is a graduate of the University of Mumbai, University of Oxford (Law Faculty), and NYU School of Law (Hauser Global Scholar).

Review:

This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field. --Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee

This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation. --Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Priva

This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions. --Droit Et Pratique Des Investissements Internationaux - (International Investments Law And Practice)

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Ian A. Laird; Editor; Borzu Sabahi; Frédéric G. Sourgens; Todd J. Weiler
Published by Jurisnet, LLC (2015)
ISBN 10: 1937518698 ISBN 13: 9781937518691
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