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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The International Law of Investment Claims

ISBN13: 9780521855679
Published: June 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £99.99
Paperback edition , ISBN13 9781107411364

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The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 ‘rules’ of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute.

The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders.

Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including:-

  • the effect of an exclusive jurisdiction clause in an investment agreement with the host state;
  • reliance on the MFN clause in relation to jurisdictional provisions;
  • and, the legitimate scope of derivative claims by shareholders.

Arbitration and Dispute Resolution, International Investment Law
1. The juridical foundations of investment treaty arbitration
2. Applicable laws
3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
4. Consent to the arbitration of investment disputes
5. Investment
6. Jurisdiction ratione materiae
7. Jurisdiction ratione personae
8. Jurisdiction ratione temporis
9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
10. Admissibility: contractual choice of forum
11. Admissibility: shareholder claims
12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment
13. Denial of benefits.