Investor-State Arbitration (1st Edition)
Investor-State Arbitration (1st Edition)
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Abstract
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. This book 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.
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Front Matter
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I
Introduction
Christopher F Dugan and others
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II
History and Limitations of the Traditional System for Resolving Investment Disputes
Christopher F Dugan and others
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III
The Modern System of Investor-State Arbitration
Christopher F Dugan and others
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IV
Commonly Used Procedural Rules
Christopher F Dugan and others
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V
Procedural Law Applicable in Investor-State Arbitration
Christopher F Dugan and others
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VI
National Court Interference: Anti-Arbitration Injunctions
Christopher F Dugan and others
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VII
The Course of an Investment Arbitration
Christopher F Dugan and others
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VIII
Consolidation under Relevant Arbitration Rules or Treaties
Christopher F Dugan and others
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IX
Governing Law in Investment Disputes
Christopher F Dugan and others
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X
Consent to Arbitral Jurisdiction
Christopher F Dugan and others
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XI
The Concept of Investment
Christopher F Dugan and others
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XII
The Nationality of the Investor
Christopher F Dugan and others
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XIII
Exhaustion of Local Remedies
Christopher F Dugan and others
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XIV
Election of Forum: National Courts and Contract Arbitrations
Christopher F Dugan and others
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XV
Discrimination
Christopher F Dugan and others
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XVI
Expropriation
Christopher F Dugan and others
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XVII
“Fair and Equitable Treatment” and “Full Protection and Security”
Christopher F Dugan and others
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XVIII
Umbrella Clauses
Christopher F Dugan and others
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XIX
Damages, Compensation, and Non-Pecuniary Remedies
Christopher F Dugan and others
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XX
Annulment and Set Aside
Christopher F Dugan and others
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XXI
Enforcement of Awards
Christopher F Dugan and others
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XXII
The Future of International Investment Arbitration
Christopher F Dugan and others
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End Matter
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