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Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities.The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analyzed by tribunals is such that it is now possible to begin the necessary process of codification. International Investment Arbitration: Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. The book examines the main treaties, analyzes published investment awards, and provides in-depth coverage of where investment disputes come from; who is a foreign investor, including nationality issues and foreign control; what is an investment; investor's rights, including admission to territories and State treatment of investors; expropriation; compensation; dispute resolution; transfer, assignment and subrogation; and future trends.As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialized and rapidly developing field. Written by a leading author team from Herbert Smith and Gibson, Dunn & Crutcher, and benefiting from the public and private international law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.
This book investigates the evolving substantive legal principles governing international investment arbitration in an era of rapid growth in bilateral and multilateral investment treaties. The authors, Campbell McLachlan, Laurence Shore, and Matthew Weiniger, utilize their extensive expertise in international dispute resolution to synthesize the complex, often fragmented body of law emerging from tribunal practice. By analyzing a vast array of investment awards and treaty frameworks, the text provides a structured codification of principles that were previously subject to intense debate and inconsistency.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational reference for understanding the current state of investment treaty law. Experts highlight the text for its analytical rigor and its success in bringing clarity to a rapidly developing and often volatile field of international jurisprudence.
Page Count:
474
Publication Date:
2008-09-15
Publisher:
Oxford University Press
ISBN-10:
0199557519
ISBN-13:
9780199557516
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