By Campbell McLachlan, Laurence Shore, and Matthew W

Reviews

• This is now the first place for the international lawyer to go when confronting a new problem of relations between States and foreign investors. The subtitle Substantive Principles- is important. Much interesting literature has been produced on investment arbitration as a process, but here is an attempt to derive the normative cores of the rapid output of awards during the last decade. The result is all the more valuable because the authors aim for accuracy, not conversion. Jan Paulsson, Head of International Arbitration and Public International Law, Freshfields Bruckhaus Deringer; President, London Court of International Arbitration
• This is an impressive analysis of the principles of international law and practice developing from the growing body of arbitral awards dealing with investor-state disputes. It provides a finely constructed explanation of the current state of investment law as applied by these tribunals, striking a well-judged balance between scholarly and practical discussion. It is a particularly welcome addition to my library. - Martin Hunter, Barrister, Essex Court Chambers; Professor of International Dispute Resolution Nottingham Law School; FCIArb

Description

• The first modern work on the substantive law applied in investment treaty arbitration
• Provides a detailed analytical survey of the substantive principles of international law applied by Investment Arbitration Tribunals, and a clear and comprehensive description of the present state of the law
• The first book in a major new series from OUP on international arbitration
• Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors substantive rights, including fair and equitable treatment; expropriation; compensation and remedies.
• Written by a leading author team from Herbert Smith, and benefiting from the public and private international law experience of Campbell McLachlan, Professor in Public International Law at Victoria University of Wellington
• An essential reference book for international arbitration counsel, arbitrators, and academics

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 states 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 analysed 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. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors substantive rights; expropriation; compensation and remedies.

As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, 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.

Readership:

International arbitration lawyers in the UK and overseas (practitioners, arbitrators, and academics); UK and international law libraries; post-graduate students studying international arbitration; international arbitration institutions, arbitrator institutions, and arbitrator nominating bodies (including ICSID, ICC, LCIA, SIAC, CIETAC, AAA, SCC, CIArb, ICDR and CRCICA); and foreign offices of states.

Contents

• Overview
• Legal Basis of Investment Arbitrations
• Parallel Proceedings
• Nationality
• Definition of Investment
• Investors Rights
• Expropriation
• Compensation

Authors, editors, and contributors

Campbell McLachlan, Professor, Victoria University of Wellington and Barrister, Essex Court Chambers, Laurence Shore, Solicitor, Partner, Herbert Smith, and Matthew Weiniger, Solicitor, Partner, Herbert Smith Series Editor Loukas Mistelis, Series Editor, Professor, Transnational Commercial Law and Arbitration, Queen Mary, University of London

Published Year: 2007 Format: Hard Back ISBN: 978-0-19-928664-5 Publisher: Oxford University Press No of Pages: 528 Our Price: £ 145.00 Reviews: 0 reivew(s).

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