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. The Changing Definition of Investment: The Historical Perspective A. The Changing Definition of Investment: The Historical Perspective
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B. Definitions of Investment in Investment Protection Instruments B. Definitions of Investment in Investment Protection Instruments
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1. Definitions of Investment in Investment Treaties 1. Definitions of Investment in Investment Treaties
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2. Definition of Investment in National Investment Laws 2. Definition of Investment in National Investment Laws
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C. Definition of Investment and Its Implications for the Jurisdiction of Arbitral Tribunals Under the Washington Convention C. Definition of Investment and Its Implications for the Jurisdiction of Arbitral Tribunals Under the Washington Convention
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1. Travaux Preparatoire of the Washington Convention Regarding the Notion of Investment Under Article 25 1. Travaux Preparatoire of the Washington Convention Regarding the Notion of Investment Under Article 25
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2. Dual Jurisdictional Requirements for Submitting a Case Under the Washington Convention and an Investment Treaty or Law 2. Dual Jurisdictional Requirements for Submitting a Case Under the Washington Convention and an Investment Treaty or Law
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3. Survey of Jurisdictional Decisions Under the Washington Convention Based on the Type of Investment 3. Survey of Jurisdictional Decisions Under the Washington Convention Based on the Type of Investment
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4. Characteristics of Investment Under Article 25 of Washington Convention 4. Characteristics of Investment Under Article 25 of Washington Convention
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a. Duration of an Activity a. Duration of an Activity
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b. Regularity of Profit and Return b. Regularity of Profit and Return
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c. Assumption of Risk by Both Parties c. Assumption of Risk by Both Parties
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d. Commitment Should Be Substantial d. Commitment Should Be Substantial
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e. Contribution to Economic Development of the Host State e. Contribution to Economic Development of the Host State
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D. The Concept of Unity of Investment Under the Washington Convention D. The Concept of Unity of Investment Under the Washington Convention
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E. Concept of Investment and Its Implications for the Jurisdiction of Arbitral Tribunals Under Arbitral Rules Other Than the Washington Convention E. Concept of Investment and Its Implications for the Jurisdiction of Arbitral Tribunals Under Arbitral Rules Other Than the Washington Convention
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F. Preinvestment Protection F. Preinvestment Protection
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As an Amazon Associate OUP earns from qualifying purchases.
Chapter
XI The Concept of Investment
Get access
Pages
247–290
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Published:18 September 2008
Cite
Dugan, Christopher F, and others, 'The Concept of Investment', Investor-State Arbitration, 1st Edition (2008; online edn, Oxford Law Pro), https://doi.org/10.1093/law:iic/9780379215441.003.0011, accessed 19 July 2026.
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Abstract
This chapter examines the definition of the term investment under investment treaties, national investment legislations, and the Washington Convention, in light of the relevant case law. Topics covered include definitions of investment in protection instruments; definition of investment and its implications for the jurisdiction of arbitral tribunals under the Washington Convention; the concept of unity of investment under the Washington Convention; the concept of investment and its implications for the jurisdiction of arbitral tribunals under arbitral rules other than the Washington Convention; and preinvestment protection.
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