International Investment Arbitration is a book that proceeds from the conviction that investment arbitration is a unified field. Investment arbitration has reached the point at which the accumulation of material threatens to outpace its organisation. The ambition of this treatise is not to add to the pile, but to impose order upon it. Its various forms (ICSID and non-ICSID, treaty-based, national-law-based and contract-based) share a common underlying architecture, in which procedure and substance are not parallel tracks but intertwined dimensions of one legal exercise. Within a single integrated framework, it guides practitioners, scholars and policymakers across the whole of that terrain, examining each question in depth while overcoming the fragmentation that pervades the subject.
The field has long been structured around two poles, jurisdiction and substantive protections. What has long remained between them is the investment claim itself. This treatise restores the investment claim to its proper place as the third, intermediate pillar that unites its procedural background, the conditions of admissibility and the framework for adjudication on the merits.
Across three volumes, on jurisdiction, claims and substantive protections, the work offers:
Examining each legal question across an exceptionally large body of arbitral decisions, the author charts the lines of authority, offers the reader clear paths through the case law, and advances new directions for analysis.
This treatise, bridging academic theory and arbitral practice, is the first work to treat jurisdiction, claims and substantive protections in depth within a single framework, uniting the discipline through the joint treatment of procedure and substance.
