Description - Investor-State Arbitration by Christopher F. Dugan
The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. Investor-State Arbitration examines the international treaties that give investors a right to arbitration of claims, the most-commonly employed arbitration rules, and the
most important elements of investor-state arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. Expert coverage includes procedural barriers to
recovery, analysis of the substantive law of investment protection, and analysis of recent investor-state arbitral jurisprudence. Investor-State Arbitration traces the evolution and rapid development of this important field of international arbitration, resulting from the formation of the International Center for the Settlement of Investment Disputes (ICSID) and the more than 2,000 bilateral investment treaties, most of which have originated in the last twenty
years. This development has led to far greater certainty for foreign investors in dealing with their host countries and has incentivized growth in international trade and commerce. Through arbitration, investors
who have been negatively affected by the acts of a host country, such as, for example, the expropriation of property, now have a fair means of redress. Investor-State Arbitration analyzes the rights of private parties under these treaties to arbitrate disputes with countries, the arbitration rules most commonly employed in investor-state disputes, the important elements of substantive law and procedure, the enforcement of awards (including annulment proceedings under ICSID), current
developments, including conflict and convergence of interests in capital-importing and capital-exporting countries, restrictions on state sovereignty, analysis of recent investor-state arbitral jurisprudence,
and, finally, the emergence of an international investment jurisprudence. Includes a full discussion of the future development of investor-state arbitration: BL The challenges of globalization BL The clash of capital-importing and capital-exporting countries BL Environmental protection and free trade BL Restrictions on state sovereignty BL The construction of an international investment BL The limits
of arbitrability BL The expansion of multilateral investment protections worldwide
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