Investor-State Arbitration (1st Edition)
Christopher F Dugan
et al.
Published:
18 September 2008
Online ISBN:
9780199360758
Print ISBN:
9780379215441
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Contents
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A. Introduction A. Introduction
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B. Waiting Periods B. Waiting Periods
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C. Local Remedies C. Local Remedies
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D. Notice of Claim and Request for Arbitration D. Notice of Claim and Request for Arbitration
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1. Notice of Claim 1. Notice of Claim
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2. Request for Arbitration 2. Request for Arbitration
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E. “Registration” or Approval by Arbitral Institution E. “Registration” or Approval by Arbitral Institution
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F. Default of a Party F. Default of a Party
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G. Composition of Tribunal G. Composition of Tribunal
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1. Appointment of Arbitrators 1. Appointment of Arbitrators
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2. Situs of Arbitration 2. Situs of Arbitration
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3. Language of Arbitration 3. Language of Arbitration
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H. Initial Session of the Tribunal H. Initial Session of the Tribunal
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I. Arbitrator-Ordered Interim Relief I. Arbitrator-Ordered Interim Relief
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1. The Legal Framework 1. The Legal Framework
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2. Effect of ICSID Recommendation 2. Effect of ICSID Recommendation
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3. Review of Investment Arbitration Case Law 3. Review of Investment Arbitration Case Law
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a. Obtaining Evidence a. Obtaining Evidence
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b. Securing Financial Guarantees b. Securing Financial Guarantees
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c. Preserving Confidentiality c. Preserving Confidentiality
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d. Enjoining Parallel Domestic Proceedings and Protecting Rights in Dispute d. Enjoining Parallel Domestic Proceedings and Protecting Rights in Dispute
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4. Interim Measures in Other Contexts 4. Interim Measures in Other Contexts
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5. Timing 5. Timing
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J. Jurisdictional Phase J. Jurisdictional Phase
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K. Merits Phase K. Merits Phase
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1. Briefing 1. Briefing
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2. Counterclaims 2. Counterclaims
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3. Host State Defenses 3. Host State Defenses
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4. Witness Statements and Other Evidence 4. Witness Statements and Other Evidence
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a. Witness Statements a. Witness Statements
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b. Document Production from Parties to the Dispute b. Document Production from Parties to the Dispute
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c. Evidence Collection from Third Parties c. Evidence Collection from Third Parties
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5. U.S. Procedures and Third-Party EvidenceTaking 5. U.S. Procedures and Third-Party EvidenceTaking
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6. Third Party Amicus Curiae Submissions 6. Third Party Amicus Curiae Submissions
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L. Damages Phase L. Damages Phase
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M. Hearings M. Hearings
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N. Posthearing Briefs N. Posthearing Briefs
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O. Award O. Award
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P. Enforcement and Challenge of Award P. Enforcement and Challenge of Award
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As an Amazon Associate OUP earns from qualifying purchases.
Chapter
VII The Course of an Investment Arbitration
Get access
Pages
117–184
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Published:18 September 2008
Cite
Dugan, Christopher F, and others, 'The Course of an Investment Arbitration', Investor-State Arbitration, 1st Edition (2008; online edn, Oxford Law Pro), https://doi.org/10.1093/law:iic/9780379215441.003.0007, accessed 19 July 2026.
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Abstract
Investment arbitrations resemble commercial arbitrations in many ways but are dramatically different in others. The presence of a sovereign state in every such dispute can transform the tone and nature of an investment dispute. Tribunals are sometimes more solicitous of the position of a sovereign than they would be of a private party, if only because of the public policy and other noncommercial issues that often arise in investment disputes. This chapter describes the course of an investment arbitration and attempts to identify some of these similarities and differences.
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