Subjects:

International Trade

This publication contains the papers and proceedings of Juris Conferences first annual conference on Investement Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of ten ‘up and coming’ members of the treaty arbitration bar, who drafted the papers that appear in the chapters of this book.

The topics of their papers were discussed and debated amongst a group of treaty arbitration veterans, many of whom are currently drafting the awards and essays that have and will form the corpus of international investment law. Their contributions to this project can be found in the five session transcripts also contained within this volume.

The five topics addressed in this volume are certainly contemporary but should nonetheless remain relevant to practitioners and academics for years to come. They include:

• A Look Inside the Umbrella Clause Debate
• Are the ICSID Rules Governing Nationality and Investment Working?
• The Necessity Defence for Investment Law
• MNF Treatment
• National Treatment – Is Discriminatory Intent Relevant?