Investor-State Arbitration, 2e

Second Edition

Borzu Sabahi, Noah Rubins, and Don Wallace Jr

Fully up-to-date coverage of law and practice in Investor-State arbitration
Identifies the main treaties that allow arbitration over international investment
Describes ways in which new laws can place restrictions on state sovereignty
Explains how international law has responded to the increasing demand for international investment

New to this Edition:

All-new coverage of issues such as jurisdiction iratione temporisr, precedent, admission and establishment, denial of benefits, forum/treaty shopping and abuse of process, performance requirements, State Responsibility and attribution, EU law as part of governing law, state of necessity and other State defences, and moral damages.
New chapters on the provisional application of treaties the withdrawal from ICSID and BITs, and geographical application of BITs
More in-depth coverage of arbitrator challenges in investor-state arbitration
Includes coverage of updated ICSID rules, coming into effect mid-2019

Investor-State Arbitration, 2e

Second Edition

Borzu Sabahi, Noah Rubins, and Don Wallace Jr

Description

The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. The second edition of Investor-State Arbitration builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of this field of international law.

The book examines the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of Investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years, is given dedicated coverage.

Investor-State Arbitration represents an indispensable tool for practitioners working in law firms, governments, and NGOs involved in this field, as well as for academics and students who are studying international law.

Investor-State Arbitration, 2e

Second Edition

Borzu Sabahi, Noah Rubins, and Don Wallace Jr

Part 1: HISTORY AND MODERN SYSTEM OF INVESTOR STATE DISPUTE SETTLMENT
1. Introduction
2. History and Limitations of the Traditional System for Resolving Investment Disputes
3. The Modern System of Investor-State Arbitration
Part 2: PROCEDURE, EVIDENCE, AND GOVERNING LAW
4. Commonly Used Procedural Rules
5. Procedural Law Applicable in Investor-State Arbitration
6. National Court Interference: Anti-Arbitration Injunctions
7. The Course of an Investment Arbitration
8. Consolidation under Relevant Arbitration Rules or Treaties
9. Evidence and Burden of Proof
10. Governing Law in Investment Disputes
Part 3: JURISDICTION
11. Consent to Arbitral Jurisdiction
12. Subject Matter Jurisdiction (Jurisdiction Ratione Materiae)
13. Personal Jurisdiction and Nationality of Investors (Jurisdiction Ratione Personae)
14. Temporal Application of Investment Treaties
15. Exhaustion of Local Remedies
16. Election of Forum: National Courts and Contract Arbitrations
Part 4: MERITS
17. State Responsibility and Attribution
18. Discrimination
19. Expropriation
20. Fair and Equitable Treatment and Full Protection and Security
21. Umbrella Clauses
Part 5: DAMAGES, ANNULMENT AND ENFORCEMENT
22. Damages, Compensation, and Non-Pecuniary Remedies
23. Annulment and Set Aside
24. Enforcement of Awards
Part 6: FUTURE
25. The Future of International Investment Arbitration

Investor-State Arbitration, 2e

Second Edition

Borzu Sabahi, Noah Rubins, and Don Wallace Jr

Author Information

Borzu Sabahi, Curtis Mallet Prevost Colt & Mosle LLP
Noah Rubins, Freshfields Bruckhaus Deringer
Don Wallace Jr, Mitchell Silberberg & Knupp LLP

Borzu Sabahi is an Adjunct Professor at the Georgetown University Law Center and counsel to Fulbright & Jaworski LLP. He specializes in investment and commercial arbitration.

Noah Rubins is a partner at Freshfields Bruckhaus Deringer. He is a member of the international arbitration and public international law groups, and the head of Freshfields' Russia/CIS Dispute Resolution subgroup.

Don Wallace, Jr. is Professor Emeritus and Adjunct Professor and Chairman of the International Law Institute at the Georgetown University Law Center. He is of counsel in Winston & Strawn LLP's litigation group.