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Expropriation in Investment Treaty Arbitration

ISBN13: 9780198804918
Published: May 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00

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In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this work provides a comprehensive guide to expropriation and how it is applied in practice.

The author offers a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran-US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book examines the interplay between expropriation and other standards of treaty protection, such as fair and equitable treatment. The reader embarks on a thorough examination of expropriation in investment treaty arbitration, from its evolution into an accepted principle in international law today, through to current trends and a critical assessment of the relevance of expropriation in the present day.

Expropriation in Investment Treaty Arbitration is a useful, systematic analysis of a topic that is of vital importance in arbitration practice, a key resource for all practitioners in this field.

International Investment Law, Arbitration and Alternative Dispute Resolution
Part I: The Concept of Expropriation
1: Overview
2: Applicable law
3: Rights and interests protected under investment treaties
4: The concept of expropriation in investment treaty arbitration

Part II: The Test for Expropriation
5: The test for expropriation
6: Creeping expropriation
7: Regulatory expropriation
8: Contractual expropriation
9: Judicial expropriation
10: Exploration & other treaty standards

Part III: Remedies
11: Remedies in customary international law
12: The standard of compensation
13: Methods of valuation
14: Interest

Part IV: Concluding Remarks
15: Concluding remarks