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Vol 22 No 10 Oct/Nov 2017

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Substantive Law in Investment Treaty Arbitration: The Unsettled Relationship Between International Law and Municipal Law 2nd ed


ISBN13: 9789041161031
Previous Edition ISBN: 9789041132239
Published: October 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £131.00



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Substantive Law in Investment Treaty Arbitration is a clear analysis of previously unexplored aspects of investment arbitration. This second edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards, but also by the continuing, serious problems in the application of international law by investment treaty arbitral tribunals. The book considers key matters of substantive law in which a renvoi to municipal law must be conducted if an investment treaty tribunal is to reach sound results under international law.

What’s in this book:

The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the International Centre for Settlement of Investment Disputes Convention. The book focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following:

  • If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted?
  • In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law?
  • Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company?
  • Under what conditions may a violation of municipal law become internationally wrongful?
  • May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes?
  • Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim?
  • The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions.
How this will help you:

In international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to be of great value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
Preface
List of Abbreviations
Introduction: The Unsettled Relationship Between International Law and Municipal Law
CHAPTER 1 Attribution under the Law of State Responsibility
CHAPTER 2 Article 42 of the ICSID Convention and the Relationship Between International Law and Municipal Law
CHAPTER 3 Investor Nationality under Municipal and International Law
CHAPTER 4 From Property to Investment
CHAPTER 5 Shareholders’ Rights
CHAPTER 6 Treaty versus Contract Claims, and Umbrella Clauses: When a Contract Breach May Become a Treaty Breach
Conclusion: The Unsettled Relationship Between International and Municipal Law
Appendices
APPENDIX I Hermann Abs and Lord Shawcross, Draft Convention on Investments Abroad (1959)
APPENDIX II Treaty Between the Federal Republic of Germany and Pakistan for the Promotion and Protection of Investments (1959)
APPENDIX III Harvard Draft Convention on the International Responsibility of States for Injuries to Aliens (1961)
APPENDIX IV Organisation for Economic Co-operation and Development Draft Convention on the Protection of Foreign Property (1967)

Series: International Arbitration Law Library

The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£128.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£132.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£136.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£128.00
£128.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£128.00
£128.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£116.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£100.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£135.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print