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Vol 21 No 11 Nov/Dec 2016

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International Investment Arbitration: Substantive Principles


ISBN13: 9780199557516
New Edition ISBN: 9780199676798
Published: September 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £63.00
Hardback edition , ISBN13 9780199286645



In stock.

Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements.

Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities.

The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification.

International Investment Arbitration:Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. Key areas of coverage include:-

  • the instruments under which investment disputes arise;
  • the legal basis of treaty arbitration;
  • dispute resolution and parallel proceedings;
  • who is a foreign investor, including nationality issues and foreign control;
  • what is an investment;
  • investors' substantive rights;
  • expropriation;
  • compensation and remedies.

As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, and benefiting from the public and private International law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.

  • Major new work on the rapidly developing area of investment treaty arbitation
  • Provides a detailed analytical survey of the substantive principles applied by Investment Arbitration Tribunals, and a clear and comprehensive description of the present state of the law
  • Includes comprehensive commentary on the main treaties and published investment awards
  • Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights; expropriation; compensation and remedies.
  • Written by a leading author team from Herbert Smith, and benefiting from the public and private international law experience of Campbell McLachlan, Professor in Public International Law at Victoria University of Wellington
  • An essential reference book for international arbitration counsel, arbitrators, and academics

Series: Oxford International Arbitration Series

Procedural Issues in International Investment Arbitration ISBN 9780198729037
To be published July 2017
Oxford University Press
£125.00
Provisional Measures in Investment Arbitration ISBN 9780199685790
To be published July 2017
Oxford University Press
£125.00
Calculation of Compensation and Damages in International Investment Law 2nd ed ISBN 9780198749936
To be published March 2017
Oxford University Press
£165.00
Arbitration of International Mining Disputes: Law and Practice ISBN 9780198757641
To be published February 2017
Oxford University Press
£145.00
Arbitration of Trust Disputes: Issues in National and International Law ISBN 9780198759829
Published October 2016
Oxford University Press
£145.00
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals ISBN 9780198715610
Published March 2016
Oxford University Press
£125.00
Corruption in International Investment Arbitration ISBN 9780198714262
Published September 2014
Oxford University Press
£125.00
Corruption in International Investment Arbitration (eBook) ISBN 9780191023705
Published September 2014
Oxford University Press
£104.17 + £20.83 VAT
(ePub)
Buy
The Coordination of Multiple Proceedings in Investment Treaty Arbitration ISBN 9780199684861
Published June 2013
Oxford University Press
£137.50
Annulment under the ICSID Convention (eBook) ISBN 9780191634796
Published December 2012
Oxford University Press
£125.00 + £25.00 VAT
(ePub)
Buy
Annulment under the ICSID Convention ISBN 9780199653744
Published December 2012
Oxford University Press
£150.00
Consent in International Arbitration (eBook) ISBN 9780191638190
Published March 2012
Oxford University Press
£118.75 + £23.75 VAT
(ePub)
Buy
Treaty Interpretation in Investment Arbitration ISBN 9780199641475
Published March 2012
Oxford University Press
£145.00
Consent in International Arbitration ISBN 9780199698158
Published March 2012
Oxford University Press
£150.00
Treaty Interpretation in Investment Arbitration (eBook) ISBN 9780191638176
Published March 2012
Oxford University Press
£114.58 + £22.92 VAT
(ePub)
Buy
Third Parties in International Commercial Arbitration ISBN 9780199572083
Published December 2010
Oxford University Press
£147.50
Calculation of Compensation and Damages in International Investment Law ISBN 9780199551712
Published August 2009
Oxford University Press
Out of print
Chinese Investment Treaties: Policies and Practice ISBN 9780199230259
Published March 2009
Oxford University Press
£190.00