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International Investment Arbitration: Jurisdiction, Claims, and Substantive Protections


ISBN13: 9789403556109
To be Published: November 2026
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback, 3 Volumes
Price: £265.00





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:

  • comprehensive treatment of the jurisdictional concepts, including investment and foreign investor, and of the substantive protections, from expropriation and fair and equitable treatment to the full range of treaty standards;
  • in-depth analysis of procedural mechanisms, including bifurcation, provisional measures and document production; extensive and unified analysis of the admissibility of claims and of adjudication on the merits, encompassing both liability and quantum;
  • dedicated treatment of emerging claim types, notably claims arising from economic sanctions and counterclaims; and
  • guidance on parallel proceedings and the coordination of competing fora.

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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Volume 1: Jurisdiction of the Tribunal
Part 1 Applicable Law and Decision on Jurisdiction
1. Law Applicable to Jurisdiction
2. Decision on Jurisdiction
Part 2 Jurisdiction Ratione Materiae
3. The Existence of an Investment
4. Existence of a Dispute Related to Investment
5. Carve-Out and Exception Clauses
Part 3 Jurisdiction Ratione Personae
6. Foreign Nationality of the Investor
7. The Denial-of-Benefits Clause
Part 4 Ratione Voluntatis: Consent to Arbitration
8. The Existence of Consent
9. The Scope of Consent to Arbitration
Part 5 Jurisdiction Ratione Temporis
10. Arbitration Based on an Arbitration Clause
11. Arbitration Based on National Legislation
12. Arbitration Based on a Treaty

Volume 2: Claims
Part 6 Procedural Rules
13. The Law Applicable to the Procedure
14. Evidence
Part 7 Procedural Orders
15. Decision on Bifurcation
16. Provisional Measures
17. Document Production
Part 8 Admissibility of Investment Claims
18. Scope and Regime of Admissibility
19. Capacity to Act, Authority to Represent the Claimant, and Standing to Bring an Investment Claim
20. Waiting Periods
21. Requirement to First Pursue Remedies in Local Courts
22. Fork-in-the-Road Clause
23. Statutes of Limitation
24. Waiver and Estoppel
25. Abuse of Process and Other Forms of Unlawful Conduct
26. Res Judicata, Collateral Estoppel and Lis Pendens
Part 9 Adjudication on the Merits and Quantum
27. Law Applicable to the Merits of the Dispute
28. Attribution of Conduct to the State
29. The State’s Responsibility Towards the Investor
30. Quantum Issues
Part 10 Specific Claims
31. Contract Claims
32. Shareholder Claims
33. Counterclaims
34. Third-Party Funded Claims
35. Claims Arising from Economic Sanctions
Part 11 Annulment and Enforcement of Investment Awards
36. Annulment of Investment Awards
37. Enforcement of Investment Awards

Volume 3 Substantive Protections
Part 12 Protection of Investment Assets and Rights
38. Expropriation
39. The Umbrella Clause
40. The Free Transfer Clause
Part 13 Standards of Treatment
41. Fair and Equitable Treatment
42. Full Protection and Security
43. Arbitrary and/or Discriminatory Treatment
44. The National Treatment Standard
45. The Most-Favoured Nation Clause
Table of Cases
Index