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General Principles of Law and International Investment Arbitration

Edited by: Andrea Gattini, Attila Tanzi, Filippo Fontanelli

ISBN13: 9789004368378
Published: June 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £178.00

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General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration.

The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law.

The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.

International Investment Law, Arbitration and Alternative Dispute Resolution
1. Under the Hood of Investment Arbitration: General Principles of Law
Part A The Arbitration Process and General Principles
Section I General Principles of Law and Arbitral Procedure
2. General Principles of Law on the Legal Force of Provisional Measures in International Investment Arbitration
Federico Lenci
3. Transparency in the Arbitral Procedure 
Maria Beatrice Deli
4. General Rules and Principles on State Responsibility and Damages in Investment Arbitration: Some Critical Issues 
Zeno Crespi Reghizzi
5. Investment Arbitration and EU General Principles of Law: Current Developments 
Francesco Munari and Chiara Cellerino

Section II Selected Procedural Principles of Investment Arbitration
6. Jurisdiction ratione temporis in International Investment Arbitration 
Andrea Gattini
7Jurisdiction and Admissibility in International Investment Law 
August Reinisch
8. Multiple Proceedings 
Christoph Schreuer
9. Annulment of Awards 
Piero BernardiniPart BGeneral Principles and Substantive Standards of Investment Law

Section III General Principles of Law and Substantive Issues
10. The Relevance of the Foreign Investor’s Good Faith 
Attila Tanzi
11. Human Rights Law in International Investment Arbitration 
Vivian Kube and E.U. Petersmann
12. Unjust Enrichment as a General Principle of Law in Investment Arbitration 
Christina Binder
13. Sustainable Development and Investment: Trends in Law-Making and Arbitration 
Pia Acconci

Section IV Selected Principles of Investment Law
14. Police Powers Doctrine and International Investment Law 
Catharine Titi
15. An Exercise in Equivocation: A Critique of Legitimate Expectations as a General Principle of Law under the Fair and Equitable Treatment Standard 
Josef Ostřanský
16. The National Treatment Obligation 
Matteo Sarzo
17. Most-Favoured-Nation Clauses and the Centrality and Limits of General Principles 
N. Jansen Calamita and Ewa Zelazna
18. Indirect Expropriation: A Comparative Approach 
Ursula Kriebaum