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Investment Treaty Arbitration and International Law: Volume 8

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

ISBN13: 9781937518691
Published: April 2015
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £105.00



Low stock.

This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include:

  • Challenges to Arbitrators: Should the Challenge Process Be Overhauled?
  • New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?
  • Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?
  • Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin?

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
Introduction
Profiles

PART I
CHALLENGES TO ARBITRATORS: SHOULD THE CHALLENGE PROCESS BE OVERHAULED?

CHAPTER 1
To Use a Cannon to Kill a Mosquito: Why the Increase in Arbitrator
Challenges in Investment Arbitration Does Not Warrant a Complete
Overhaul of the System
Charles B. Rosenberg

CHAPTER 2
Arbitrator Challenges in Investment Arbitration: Is an Overhaul
Needed?
Fernando A. Tupa

CHAPTER 3
Challenges to Arbitrators: Should the Challenge Process Be Overhauled?
Ms. Julie Bédard
Professor George K. Foster
Ms. Kate Brown de Vejar
Professor Alexander Bĕlohlávek
Ms. Amal Bouchenaki

PANEL DISCUSSION

PART II
NEW DEVELOPMENTS IN DEFINITION OF
"INVESTMENT": WHAT IS THE ROLE OF THE CONCEPT
OF "PROPERTY" IN INVESTMENT ARBITRATION?

CHAPTER 4
The Full Measure of Full Protection and Security
Margarita R. Sánchez and Robert A. DeRise

CHAPTER 5
Back to Bricks and Mortar: The Case for a "Traditional" Definition of
Investment that Never Was
Timothy L. Foden

CHAPTER 6
New Developments in Definition of "Investment": What Is the Role of
the Concept of "Property" in Investment Arbitration?
Ms. Tina Cicchetti
Ms. Eloïse Obadia
Mr. Paolo Di Rosa
Mr. Charles Roh
Mr. Jonathan Kallmer

PANEL DISCUSSION

CHAPTER 7
Keynote Speaker Transcript
George Kahale III

PART III
IS INVESTMENT TREATY ARBITRATION A; MECHANISM
TO SECOND-GUESS GOVERNMENTS' EXERCISE OF
ADMINISTRATIVE DISCRETION: PUBLIC LAW
OR LEX INVESTORIA?

CHAPTER 8
Is Investment Treaty Arbitration a Mechanism to Second-guess
Governments' Exercise of Administrative Discretion: Public Law or Lex
Investoria?
James Egerton-Vernon

CHAPTER 9
Investor-State Arbitration as International Public Law: Deference,
Proportionality and the Standard of Review
Paul Barker

CHAPTER 10
Is Investment Treaty Arbitration a Mechanism to Second-guess
Governments' Exercise of Administrative Discretion: Public Law or Lex
Investoria?
Professor Joshua Karton
Ms. Caline Mouawad
Mr. Matthew Kronby
Professor Julián Cárdenas Garcia
Ms. Janet Whittaker

PANEL DISCUSSION

PART IV
AWARDING DAMAGES: PROPORTIONALITY,
CONTRIBUTORY FAULT, AND ARBITRAL TRIBUNALS'
DISCRETION OR TOSS OF A COIN?

CHAPTER 11
Proportionality, Contributory Negligence and Other Equity
Considerations in Investment Arbitration
Juan Felipe Merizalde Urdaneta

CHAPTER 12
The Arbitral Tribunal's Discretion in Quantifying Damages
Meriam N. Alrashid

CHAPTER 13
Awarding Damages: Proportionality, Contributory Fault, and Arbitral
Tribunals' Discretion or Toss of a Coin?
Mr. Craig Miles
Mr. Mark Bravin
Mr. Matthew Kronby
Mr. Pablo D. López Zadicoff
Mr. Sirshar Qureshi

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