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The Future of Investment Arbitration


ISBN13: 9780195371802
Published: April 2009
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £130.00



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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.

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
Preface: By David D. Caron & Lucy Reed
Introduction: By Gabrielle Kaufmann-Kohler

PART I: THE ADEQUACY OF EXISTING RULES FOR INVESTOR-STATE ARBITRATION
INTRODUCTION: By Roger P. Alford & Catherine A. Rogers
CHAPTER 1: Recent Developments in the Rules of Procedure for Arbitration of Disputes between States and Foreign Investors By Ucheora O. Onwuamaegbu
CHAPTER 2: Confidentiality in an Age of Transparency: Challenges for Investment Arbitrators By Gary B. Born
CHAPTER 3: Interim Measures and Dismissal Under the ICSID Rules By Carolyn Lamm & Hansel Pham
CHAPTER 4: Res Judicata: What Investment Arbitration Can Learn from the 2006 ILA Resolution on International Commercial Arbitration By Catherine Kessedjian

PART II: THE FUTURE OF BITs
INTRODUCTION: By Roger P. Alford & Catherine A. Rogers
CHAPTER 6: The Effect of BITs on the Emergence of an Established International Body of Investment Law By Arif H. Ali
CHAPTER 7: Bi-Lateral Investment Treaties 1995-2006: Trends in Investment Rule-Making
UNCTAD Work Programme on International Investment Agreements Supervised by Anna Joubin-Bret
CHAPTER 8: States Can't Enter Into Too Many BITs By Andrea Menaker
CHAPTER 9: Do BITs Benefit Developing Countries? By Susan Rose-Ackerman
CHAPTER 10: Protection against Arbitrary and Discriminatory Treatment By Christoph Schreuer
CHAPTER 11: The Potential Impact of Circulating Draft Awards Under U.S. Model BIT By Jack C. Coe
CHAPTER 12: Investment Agreements Between Developed States: The Dilemma of Dispute Resolution By William S. Dodge

PART III: THE PUBLIC FUNCTIONS OF INVESTMENT ARBITRATION DECISIONMAKING
INTRODUCTION: By Roger P. Alford & Catherine A. Rogers
CHAPTER 14: Reactions to Neo-Liberal Excesses in Investment Arbitration By M. Sornarajah
CHAPTER 15: Tax, Arbitration and Investment Protection By William W. ("Rusty") Park
CHAPTER 16:Fact-Finding in the Fog: Determining the Facts of Wars and Upheavals By John Crook
CHAPTER 17: The Challenges Confronting Small Investors By Lee M. Caplan
CHAPTER 18: The Arbitrator as Guardian of International Public Policy: Should Arbitrators Go Beyond Solving Legal Issues? By Stephan Wilske & Martin Raible

CONCLUSIONS: CURRENT CHALLENGES AND VISIONS OF INVESTMENT ARBITRATION'S FUTURE
CHAPTER 19: Confronting the Truth: Sources and Magnitude of Decentralization in Investment
Treaty Arbitration By Charles "Chip" H. Brower