Investment Treaty Arbitration and International Law Volume 8

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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: £158.00

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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:: International Investment Law, Arbitration and Alternative Dispute Resolution

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