The notion of investment in international investment law 43 investment would be kept. Introduction international investment law research guide. Decisions and awards that have been publicly disclosed may be accessed through multiple sources. Levy kaufmannkohler is one of the leading boutiques in international investment law and investorstate arbitration. Provides a comprehensive introduction to the most important law applicable to foreign investments and arbitration, with critical discussion of all the key issues. Executive summary international investment rulemaking takes place at the bilateral, regional, interregional and multilateral levels. International investment law and sustainable development. May 25, 2018 international investment law and arbitration. All juris arbitration titles in print or pdf are exclusively available for purchase or research at juris the juris arbitration law online library at. General principles of law and international investment arbitration programme may 29th, friday aula e, palazzo del bo 9. Investment disputes by christoph schreuer to say that public international law is relevant to international investment arbitration would be a gross understatement. For a complete history of the umbrella clause see a.
Its lawyers have acted as arbitrators or counsel in over 50 highstake investorstate arbitrations arising under bilateral investment treaties bits, multilateral investment treaties including the energy charter treaty, nafta, and others, domestic investment laws or. Sinclairs research suggests that the origins can be traced. Given the fundamental principle of party autonomy in. Nationality requirements in investorstate arbitration. This guide features resources on international investment law, in general, and investorstate arbitration, in particular. Some thoughts relating to the status of preinvestment expenditures by walid ben hamida 47 a community of destiny the barcelona traction case and the development of shareholder rights to. International human rights law and international investment law are often viewed as. Accountability in international investment arbitration charles n. Realizing human rights in investment treaty arbitration. Iilj working paper 20171 megareg series international investment law and arbitration. Policymakers, negotiators, the civil society and other stakeholders are required to be well informed. Human rights law in international investment arbitration. Investorstate arbitration, also called investment arbitration, is often accused of harming developing.
Another useful analytical tool would be to ask whether the system of international investment arbitration has indicia of the rule of law. The law applicable in investment treaty arbitration yas banifatemi the inquiry into the law applicable to a dispute seems, on its face, a fairly simple question. The possibility for a foreign investor to sue a host state is a guarantee for the foreign investor that, in the case of a dispute, it will have access to independent and qualified arbitrators who will solve the dispute and render an. Bilateral investment treaty arbitration and india with special focus on india model bit, 2016 1 1. Introduction international trade and investment arbitration are distinct disciplines within the field of international economic law. These extracts from the primary material are accompanied by explanatory. T he past year witnessed a decrease in the number of decisions made by tribunals and courts with respect to international investment law and arbitration. Essays on leading cases of international investment law. Iareporter is used by the worlds largest law firms, dozens of government agencies around the world, and numerous academic institutions.
Sovereign rules and the politics of international economic law, routledge, 2018. International investment arbitration investment arbitration is the new face of arbitration that has been popularised by the recent decisions in white industries australia ltd. This material may be freely copied and distributed with the prior written permission from the author. The origins of the umbrella clause in the international law of investment protection, arbitration international 2004, vol. This indepth commentary analyses the uncitral rules on transparency in treatybased investorstate arbitration, one of the most recent and innovative developments in international law. The good faith principle in general international law the good faith principle is considered as one of the cornerstones of any legal system. Investment treaty arbitration and international law. This week, we will focus on investment treaty arbitration, the most notable example of arbitration between states and nonstate actors. It suggests that investment is defined in investment arbitration as dedication of some assets element of contribution according to a plan element of duration in order to achieve some benefits element of risk. The notion of investment in international investment law by. Investment arbitration is a procedure to resolve disputes between foreign investors and host states also called investorstate dispute settlement or isds.
The future of investment arbitration by christoph schreuer a. This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. Sanctions of wrong application of law or for application of wrong law. The university of leeds, school of law september 2012. This form of arbitration unleashes a potent weapon in the hands of foreign investors. At cms, we have a large team of highly experienced lawyers in this area who have spent many years representing clients before international investment tribunals, sitting as arbitrators in investment. Investment arbitration european journal of international law.
Jurisdictional coverage is selective, not comprehensive. Commentary, awards and other materials lim, chin leng, ho, jean, paparinskis, martins on. International investment law and arbitration institute for. International rule of law and constitutional justice in.
I will introduce you to the main principles of investment treaty arbitration, and the procedure at the international centre for settlement of investment disputes icsid. Indeed, this debate has developed into what is often called a legitimacy crisis of international investment law. It provides access to a number of indispensable economic resources. Practitioners and scholars in one field rarely labor in the vineyards of the other. New works on international investment law and arbitration. Calculation of compensation and damages in international investment law. Investment treaty arbitration and international law volume 10. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. International investment arbitration and the rule of law. Today, arguably, investorstate arbitration has become the most controversial form of international litigation. International investment law, arbitration and corruption 143 bribe an english judge, though worldwide statistics indicate that, after the police, judges are the public servants who are most susceptible to bribery. The full texts of national laws may be downloaded in pdf format. This paper discusses problems of legal fragmentation of international investment law and human rights law and related legal methodology questions regarding personoriented principles of justice such as human rights and proportionality balancing in contrast to the more commonly applied focus on judicial balancing of statecentered principles of justice like state. Calculation of compensation and damages in international.
The convergence of international trade and investment. International investment law and arbitration paperback. The notion of investment in international investment law. This is the longawaited second edition of this widelyreferenced work on the substantive law principles of investment treaty arbitration. The law applicable in investment treaty arbitration. In fact, international law is so ubiquitous in this area that it is fair. The growth of investment treaties and investment treaty arbitration has led, within a short space of timeto a, lively debate about the benefits, justification, and problems of this special regime for foreign investors. The convergence of international trade and investment arbitration 37 i. International investment law arbitration common law. It was not a criminal offence under english law to bribe an official in a foreign. The relevance of public international law in international. This volume is not for the beginner, nor was it meant to be. Brower lecture american society of international law 31 march 2016 prof.
Lecture room 3, asian legal exchange plaza, nagoya university public interest in international investment law and arbitration. International law practice on questions of nationality has developed primarily. Accountability in international investment arbitration. Key issues and recent developments in international. International investment arbitration is an area of practice which requires highly specialised advice on issues of jurisdiction and merits. Apr 12, 2017 features of investment arbitration and lord binghams eight principles. Jus cogens has played an important role in the evolution of international investment law, and. Arbitration under the international centre for the settlement of investment disputes icsid or uncitral the united nations commission on international trade law allows an investor to sue a host state before an ad hoc arbitral tribunal for violations. With reference to a conflict of laws system voie indirecte. Bilateral investment treaty arbitration and indiaprint4. International investment law governs foreign direct investment and the resolution of disputes between foreign investors and sovereign states. The possibility of establishing an appeal mechanism nicolette butler submitted in accordance with the requirements for the degree of ph.
International investment law and arbitration cases, materials, and commentary andrea k. Detecting bias in international investment arbitration. Article 81 of the ukrainelithuania b it, for example, provides for investorstate arbitration for any dispute between an investor of one contracting party and the other contracting party in connection with an investment on the territory of that other contracting. International rule of law and constitutional justice in international investment law and arbitration ernstulrich petersmann abstract judicial administration ofjustice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice.
The relevance of public international law in international commercial arbitration. Irmgard marboe oxford international arbitration series. Nevertheless recent developments in bilateral model treaties provide. Detecting bias in international investment arbitration anton strezhnevy draft march 12, 2016 abstract foreign direct investment is increasingly coming under the governance of a patchwork of bilateral investment agreements among states that grant investors rights to legal recourse and arbitration in the event of property rights violations by a.
Praise for the investment treaty arbitration and international law series. Public interest in international investment law and. Pdf how to impose human rights obligations on corporations. Clause in the international law of investment protection, forthcoming, 20 arb. Mar 17, 2015 it suggests that investment is defined in investment arbitration as dedication of some assets element of contribution according to a plan element of duration in order to achieve some benefits element of risk. Cameron may, 2005 arbitration and award, international 850 pages. International investment law understanding concepts and. Public interest in international investment law and arbitration. This approach does not determine minimum conditions for the notion of investment and it does not establish an applicable test for the purposes of icsid jurisdiction. Given the fundamental principle of party autonomy in international arbitration, the arbitrators. Sabahi, borzu and others, international investment law and arbitration. International investment claims national law school,jodhpur july 25, 2016 2016 kabir duggal.
This affects the legitimacy of the whole investorstate arbitration system, which is. Different situation in commercial and investment arbitrations 1 16 determination of applicable laws. Fully revised and updated, this new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. Managing the environment through international investment arbitration. Human rights law in international investment arbitration by. Considerable attention will be given to the type of treatment that by international law ought to be accorded foreign investors once established in a countryi. Transparency in international investment arbitration the topic of transparency in international investment arbitration is gaining increasing attention.
A conceptual framework rob howse forthcoming in international law and litigation helene ruizfabri, ed. International investment law and arbitration is, reconciliation of the apparently conflicting needs for stability and evolution 4 the tribunals arbitral award of 24 march 1982 in government of kuwait v. History, modern practice, and future prospects, brill publication, 2018. Human rights and investment law and arbitration the program for leading graduate schools, crossborder legal institution design, graduate school of law, nagoya university date. International investment law and arbitration levy kaufmann. Abstract today, arguably, investorstate arbitration has become the most controversial form of international litigation. Leading cases from the icsid, nafta, bilateral treaties and customary international law. Foreign investment and development there is broad consensus, that foreign investment is an important if not the most important factor in economic development. Introduction to international investment arbitration introduction.
Confidentiality provisions in investment treaties, such as article 485 of the icsid convention, preclude public disclosure of arbitral decisions and awards, unless all parties to the arbitration consent. However, beyond reflecting an academic interest, or even a certain prohuman rights ideology, the question of this role is a pragmatic international issue, which arose in the framework of a number of. International investment law, arbitration and corruption. This guide identifies the best resources for locating primary and secondary materials related to international investment law, with an emphasis on bilateral investment treaties bits and the arbitration of investorstate disputes. This paper discusses the sources of international investment law and highlighted the distinctive features of this branch of international law visavis general international law. Sinclairs research suggests that the origins can be traced to the advice provided by sir elihu lauterpracht in 195354 to. The procedural rules, investment arbitral jurisprudence, public international law and, in particular, the rules of interpretation of international treaties, must be wellknown by counsel for both the claimant and the respondent. Pdf jus cogens in international investment law and. An authoritative and oftquoted list of features of the rule of law is the late lord binghams eight principles of the rule of law. Introduction it was once a basic principle of customary international law that only a state could assert a claim against another state for a breach of its obligations to the first states nationals. The convergence of international trade and investment arbitration.