Arbitration Under International Investment Agreements
A Guide to the Key Issues
Second Edition
Edited by Katia Yannaca-Small
Table of Contents
Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework
1. Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule- making, Roberto Echandi
2. The Energy Charter Treaty, Emmanuel Gaillard and Mark McNeill
3. International Dispute Settlement Mechanisms, Ucheora Onwuamaegbu
4. The Role of Precedent in Investment Arbitration, Jan Paulsson
Part II Guide to Key Preliminary and Procedural Issues
5. An Overview of Procedure in an Investment Treaty Arbitration, Barton Legum
6. Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration, Milanka Kostadinova
7. The Fate of Frivolous and Unmeritorious Claims, Katia Yannaca-Small and David Earnest
8. Challenges of Arbitrators in International Investment Arbitration: Still Work in Progress?, Loretta Malintoppi and Alvin Yap
9. Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investment Treaty Arbitration, Andrea J Menaker and Eckhard Hellbeck
Part III Guide to Key Jurisdictional Issues
10. Who is entitled to Claim: The Definition of Nationality in Investment Arbitration, Katia Yannaca-Small
11. The Meaning of 'Investment' in Investment Treaty Arbitration, Katia Yannaca-Small and Dimitrios Katsikis
12. Bifurcation of Investment Disputes, Baiju S Vasani and Sarah Z Vasani
13. Burden and Standard of Proof at the Jurisdictional Stage, Baiju S Vasani and Timothy L Foden
14. Attribution: State Organs and Entities Exercising Elements of Governmental Authority, Georgios Petrochilos
15. Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction, Stanimir A Alexandrov
16. The Umbrella Clause: Is the Umbrella Closing?, Katia Yannaca-Small
17. Counterclaims in Investment Treaty Arbitration, Mark A Clodfelter and Diana Tsutieva
18. The State's Corruption Defence, Prosecutorial Efforts, and Anti-Corruption Norms in Investment Treaty Arbitration, Charles N Brower and Jawad Ahmad
Part IV Guide to the Key Substantive Issues
19. The Law Applicable in Investment Treaty Arbitration, Yas Banifatemi
20. Fair and Equitable Treatment: Have Its Contours Fully Evolved?, Katia Yannaca-Small
21. The National Treatment Obligation, Andrea K Bjorklund
22. Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn?, Katia Yannaca-Small
23. The MFN Clause: What Are Its Limits, Abby Cohen Smutny, Petr Pola ek and Chad Farrell
Part V Remedies and Costs
24. Interim Relief in Investment Arbitration, Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta
25. Compensation and Damages in Investment Arbitration, Irmgard Marboe
26. Third Party Funding in Investment Treaty Arbitration, Nigel Blackaby and Alex Wilbraham
Part VI The Post-Award Phase
27. Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner?, Katia Yannaca-Small
28. Review of non-ICSID Awards by National Courts, Kaj Hober and Nils Eliasson
29. Enforcement of Investment Treaty Awards, August Reinisch
A Practical Guide: Research Tools in International Investment Law Julien Fouret