Investor-State Arbitration Book

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 this new law that is primarily codified in a vast network of bilateral and multilateral investment treaties and is supported by an ever-evolving background of customary international law. "Investor-State Arbitration" focuses on the history of the treatment of aliens and investments under international law, with coverage of state responsibility, denial of justice, exhaustion of local remedies, espousal, expropriation, and dispute resolution. Analysis is provided for the most important international treaties giving 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 or annulment. Expert coverage includes procedural barriers to recovery, analysis of the substantive law of investment protection, and analysis of recent investor-state arbitral jurisprudence. A full discussion of the future development of investor-state arbitration: ·The challenges of globalization ·The clash of capital-importing and capital-exporting countries ·Environmental protection and free trade ·Restrictions on state sovereignty ·The construction of an international investment jurisprudence ·The limits of arbitrability ·The expansion of multilateral investment protections worldwideRead More