Investment Treaty Arbitration and International Law Volume 10

This volume contains the papers and proceedings of the 10th Anniversary Juris Conference. Our group of 10 authors again take contrary positions and grapple with the dramatic developments of investment arbitration over the past 10 years. With TPP and TTIP on the horizon, half of our authors take the view that the field is a doomed experiment and the other half of our authors paint a picture of a revolutionary development in a still nascent form, with more greatness yet to come. The debate continues!

SESSION ONE: Is the arbitration model for investment dispute resolution dying? - Courts versus arbitration – our authors pit the original, arbitration-based procedural model adopted in the TPP with the new world order of the proposed TTIP court‎.
SESSION TWO: ‎10 years of abusive round pegs in square holes or a system already moving in the right direction? - The definitions of “investor” and “investment” have created a contentious debate about the proper scope of investment arbitration. Our authors look back at 10 years of Juris conferences on this issue and debate the future under the new models of investment treaties.
SESSION THREE: Fair and equitable treatment – an evolutionary international standard or artificial legal fiction? - Where did it come from and does FET have a future? Our authors debate as to whether FET has become too big a threat to state sovereignty or has it merely led to overblown hysterics?
SESSION FOUR: Damages in investment arbitration – a revolutionary remedy or reward for rich corporations at the expense of the world’s poor?‎ A fundamental examination of Chorzow’s children - Our panelists examine 10 years of significant developments in the determination of damages in international investment arbitration. Our first author argues that this has been a positive development towards more consistency and certainty, while our second author concludes that the recent developments have only led to more confusion.
SESSION FIVE: International Investment Arbitration – Revolutionary development or doomed experiment? - Our two authors take stock of the past 10 years of JURIS debate and give their final contrasting position on the conference theme.