Enforcement of Investment Treaty Arbitration Awards 3rd ed (eBook)

Need help with ebook formats?

The growth in cross-border investments in an increasingly globalised economy means there are more international disputes between foreign investors and states than ever. Investment treaty arbitration has become the preferred mechanism for resolving disputes. However, securing a final arbitral award is often just the beginning of a complicated process.

Spearheaded by leading arbitration practitioner, Julien Fouret, this third edition brings together 70 experts to provide up-to-date substantive analysis of recurring issues at the award enforcement stage plus practical perspectives on enforcing awards based on investment treaties. It further explores topics ranging from the specifics of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities, as well as exploring intra-EU BIT disputes and their enforcement consequences.

This edition features additional country-specific chapters and now covers over 30 jurisdictions, including updated content on applicable international and domestic legal frameworks and reviews of the most recent practices.

Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this edition will provide you with holistic, practical and theoretical insight on the most important step of an arbitral process against a state or state entity.

New chapters:

• Austria
• Japan
• Poland
• Saudi Arabia

Also fully refreshed and updated for the new edition:

• Coverage of the enforcement of investment treaty awards against sovereign states, which will help practitioners when assisting both foreign investors and sovereign states in enforcement proceedings
• Comprehensive coverage of the practice of both ICSID and non-ICSID tribunals with respect to stays of enforcement and insights as to the approach that one might expect tribunals to adopt in future cases
• Identification of trends that will assist practitioners in preparing their approaches when considering, or responding to, interim relief applications in investor-state arbitration
• Coverage of the EU policies on the denunciation of Intra-EU BITs and on how to minimise the impact of such reforms on domestic enforcement actions as well as on the consequences of such policies outside the EU
• Coverage of the recent evolution of domestic law, such as the new Italian law allowing provisional measures by the arbitral tribunal and its consequences on their enforceability
• Analysis of the enforceability issues faced in investment arbitrations involving the Russian Federation, including awards related to the invasion of Crimea and the more recent aggression against Ukraine
• The most comprehensive global analysis of the enforcement challenges in these 30+ jurisdictions with up-to-date analysis of the most recent case law, including on immunities