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International Investment Law and Investor-State Disputes in Central Asia: Emerging Issues


ISBN13: 9789403545912
Published: January 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £150.00



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International Investment Law and Investor-State Disputes in Central Asia: Emerging Issues draws on the experiences of the five Central Asian States – Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan – to present a unique case study for the nexus between international investment law, investor-State dispute settlement (ISDS) cases, and their impacts on the development of future global trade and investment environments. This book’s seventeen chapters, contributed by globally renowned practitioners and scholars, provide the first consolidated and systematic overview of all aspects of international investment law and investor-State disputes involving the Central Asian region, including focus on domestic investment law frameworks, investment treaties, substantive protections as provided by those treaties, and developments arising out of specific investment treaty arbitrations and resulting awards. In light of ongoing reform initiatives, it supports understanding of how regional experiences and trends may inform global discussions.

What’s in this book:

This book builds on the historic and ongoing strategic importance of Central Asia to international trade and international investment to elucidate key insights into needs and concerns that are unique to the region while also offering globally relevant analyses. It draws on the Central Asian experience to address, among other topics:

  • approaches to foreign direct investment and domestic investment legislation
  • jurisdictional questions arising in investment treaty arbitration, such as the notion of ‘investor’ and the definition of ‘investment’
  • the interpretation of investment treaties and the role of international and domestic law
  • substantive and procedural rights of foreign investors, with a focus on guarantees against expropriation and most-favoured nation and fair and equitable treatment standards
  • arbitral awards, as well as grounds and procedures for their enforcement and annulment
  • the state-of-play for allegations of corruption and fraud once a dispute has arisen, and
  • emerging challenges and opportunities in light of ongoing reform initiatives

How this will help you:

This book establishes that the Central Asian experience should be taken into consideration in any comprehensive and robust discussion on the future of international investment law and ISDS and how these frameworks may be improved, reformed and remain fit for purpose. It is an essential tool for practitioners, arbitrators, government officials, and scholars who may look to the Central Asian experience to understand the advantages and disadvantages of differing approaches to international investment law and treaty-making for future ISDS advocacy, decision-making and scholarship.


“The editors have put together a fascinating book that examines the full range of jurisdictional, procedural and substantive issues in international investment law, but through the lens of Central Asian States. The result is both a comprehensive overview of investment law in the Central Asian region, and a unique examination of how investment instruments and cases involving these States have contributed to the development of international investment law writ large and will continue to play an important role in the evolution of international investment law and procedure. This unique vantage point makes this volume especially interesting and readers will certainly take away many insights from this unique approach.”

Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes (ICSID)

“Whether you want a detailed understanding of how the Central Asian States have managed and fared in investment treaty arbitrations or how their arbitrations have contributed to the overall evolution of ISDS, this book will take you there. The editors and authors – some (appropriately) sharing their experience in cases without published awards – are to be commended for this first comprehensive overview of international investment law and ISDS in the region.”

Lucy Reed, International Arbitrator & President of International Council for Commercial Arbitration (ICCA)

Subjects:
Other Jurisdictions , Asia, International Investment Law
Contents:
Testimonials
Foreword
Preface and Acknowledgements
CHAPTER 1. International Investment Law and Investor-State Disputes: Introductory Reflections on the Central Asian Experience
Kiran Nasir Gore, Kabir A.N. Duggal, Elijah Putilin & Crina Baltag
CHAPTER 2. The History Of Foreign Direct Investment In Central Asia
Tigran Ter-Martirosyan
CHAPTER 3. Investment Legislation of Central Asian States
Diora Ziyaeva & Yevhenii Vasylchenko
CHAPTER 4. The Notion of ‘Investor’ in Central Asian Investment Treaties and Arbitration Practice
Crina Baltag
CHAPTER 5. Material Scope of Application: Definition of Investment with Reference to Cases Involving Central Asian States
Berk Demirkol
CHAPTER 6. The Interpretation of Investment Treaties With Central Asian States
David L. Attanasio & Henry Defriez
CHAPTER 7. Applicable Law in Central Asian Investor-State Disputes: The Roles of International and Domestic Law
David L. Attanasio & Henry Defriez
CHAPTER 8. Guarantees Against Expropriation in Investment Disputes Involving Central Asian States
Baiju S. Vasani & Lindsay Reimschussel
CHAPTER 9. Most Favored Nation (MFN) Treatment in Investor-State Disputes Involving Central Asian States
Nudrat. E. Piracha
CHAPTER 10. Fair & Equitable Treatment in the Context of Central Asian Cases
Ioana Knoll-Tudor
CHAPTER 11. Procedural Rights: Access to Investor-State Arbitration in Cases Involving Central Asian States
Hanno Wehland
CHAPTER 12. Immunity Defences and the Enforcement of Awards in Investor-State Disputes
Javier García Olmedo
CHAPTER 13. U.S. and Global Enforcement of Investment Arbitration Awards Rendered against Central Asian States: Key Considerations and Tools
Nilufar Hossain
CHAPTER 14. Annulment of Arbitral Awards in ICSID Arbitrations with Central Asian Republics: Looking Back at Kiliç
James H. Boykin
CHAPTER 15. Questions of investor-State Arbitration Procedure in Arbitrations Involving Central Asian States
Evgeniya Rubinina
CHAPTER 16. Corruption And Fraud In Investor-State Arbitration: Central Asian Experience
Romesh Weeramantry & Clementine Packer
CHAPTER 17. Emerging Challenges and Opportunities in International Investment Law and Investor-State Disputes: W(h)ither Central Asia?
Kiran Nasir Gore, Kabir A.N. Duggal, Elijah Putilin & Crina Baltag

Index