Investment Treaty Arbitration and International Law Volume 9

This volume contains the papers and proceedings of the ninth annual Juris Conference addressing the complex issues raised by investor-state arbitration, and in particular these issues in the context of disputes in the natural resources sector. Over a quarter of all investor-state arbitration commenced in 2013 alone arose out of disputes related to oil, gas and mining projects. With the continued importance of natural resource exploitation to the wealth of many states, and a resurgence of resource nationalism in parts of the world, it is not unexpected that related disputes with foreign investors continue to figure prominently in investment treaty arbitration. The four topics addressed in this book include:

• The Role of Domestic Property Rights in Investment Treaty Arbitration – A Misleading Rubric?
• Lost on the Way to Chorzów: Have Arbitrators Just Been Paying Lip Service to the PCIJ’s Seminal Case in their Damages Analyses?
• Lawful Versus Unlawful Expropriation: Is this a Distinction Without a Difference?
• Burdens and Standards of Proof for Corruption – Is the Allegation of Claimant Corruption by a State a Sufficient Basis on which Tribunals may Deny an Investment Claim?