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Vol 23 No 4 April/May 2018

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Investment Treaty Arbitration and International Law Volume 7

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Edited by: Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens, Todd J. Weiler

ISBN13: 9781937518417
Published: May 2014
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £105.00



Despatched in 8 to 10 days.

The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence.

The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions.

The four questions that the Conference addressed include:

  • The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime?
  • Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella?
  • Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All?
  • Measure by Measure? Calculating Damages in Energy Disputes
The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

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Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
Introduction
Is it Time for a Regime Change? Protecting International Energy
Investments against Political Risk
Frédéric G. Sourgens

Profiles

PART I
THE ENERGY SECTOR, INVESTMENT ARBITRATION
AND THE ECT: CARVING OUT A SPECIAL REGIME?

CHAPTER 1
The Energy Sector, Investment Arbitration, and the ECT: Carving Out a
Special Regime?
Kabir Duggal

CHAPTER 2
Controlling Access to FDI – An Alternative Approach to Energy Sector
Investment Protection
Teale E. Toweill

CHAPTER 3
The Energy Sector, Investment Arbitration and the ECT: Carving Out A
Special Regime?
Professor Alexander Bĕlohlávek
Professor Peter Cameron
Mr. John L. Gardiner
Mr. Alex Yanos

PANEL DISCUSSION

PART II
ENERGY CONTRACTS AND BITS –
IS IT FAIR AND EQUITABLE TO BE UNDER THE
UMBRELLA?

CHAPTER 4
Duplicating the Umbrella Clause? Some Thoughts on Contractual
Expectations and the Fair and Equitable Treatment Standard
Louis-Philippe Coulombe

CHAPTER 5
Understanding FET: The Case for Protecting Contract-based Legitimate
Expectations
Sabrina A. Bandali

CHAPTER 6
Energy Contracts and Bits – Is it Fair and Equitable to be Under the
Umbrella?
Ms. Claudia Frutos-Peterson
Mr. Ben Love
Mr. Kaj Hobér
Mr. Romeo Rojas

PANEL DISCUSSION

CHAPTER 7
Lunch Speaker Transcript
Mr. David R. Haigh, QC

PART III
MULTIPARTY INVESTOR DISPUTES IN THE
ENERGY SECTOR – PRECLUSION, CONSOLIDATION,
OR FREE-FOR-ALL?

CHAPTER 8
Claim Suspension and Issue Preclusion in Multiparty Investment
Disputes: The Need for Autonomous, International Principles
Sarah Farnham

CHAPTER 9
The Right To Be Heard: The Messy Business of Due Process
Teddy Baldwin

CHAPTER 10
Multiparty Investor Disputes in the Energy Sector – Preclusion,
Consolidation, or Free-for-All?
Mr. Ramunas Audzevicius
Professor George Bermann
Mr. Lee Caplan
Mr. Alexandre de Gramont
Mr. Joseph R. Profaizer

PANEL DISCUSSION

PART IV
MEASURE BY MEASURE? CALCULATING
DAMAGES IN ENERGY DISPUTES

CHAPTER 11
The Investment Agreement in Investment Arbitration: Effects on
Damages
Joshua B. Simmons

CHAPTER 12
Calculating Damages in Energy Disputes: The Restoration of
Indexing Clauses
Nicholas J. Birch

CHAPTER 13
Measure by Measure? Calculating Damages in Energy Disputes
Mr. Stephen P. Anway
Mr. Daniel Flores
Ms. Miriam K. Harwood
Mr. Howard Rosen
Mr. Wayne Wilson

PANEL DISCUSSION
TABLE OF CASES
INDEX

Series: Investment Treaty Arbitration and International Law

Investment Treaty Arbitration and International Law Volume 5 ISBN 9781937518066
Published June 2012
Juris Publishing
£125.00
Investment Treaty Arbitration and International Law Volume 4 ISBN 9781933833880
Published March 2012
Juris Publishing
£105.00
Investment Treaty Arbitration and International Law Volume 3 ISBN 9781933833620
Published June 2010
Juris Publishing
£105.00
Investment Treaty Arbitration and International Law Volume 2 ISBN 9781933833262
Published July 2009
Juris Publishing
£105.00
Investment Treaty Arbitration and International Law Volume 1
Edited by: Todd J. Weiler
ISBN 9781933833187
Published September 2008
Juris Publishing
£105.00