The Investment Treaty Arbitration Review
Editor:
Barton Legum
The Investment Treaty Arbitration Review fulfils an essential function. Updated every year, it provides a current perspective on a quickly evolving topic. Organised by topic rather than by jurisdiction, it allows readers to access rapidly not only the most recent developments on a given subject – from jurisdictional and procedural issues to damages and much more – but also the debate that led to and the context behind those developments.
Overview
Part I Jurisdiction
Part II Admissibility and Procedural Issues
- Admissibility
- Bifurcation
- Objection of Manifest Lack of Legal Merit of Claims: ICSID Arbitration Rule 41(5)
- Parallel Proceedings in the Context of ISD Arbitration
- Provisional Measures
- Evidence and Proof
- Evolution of the Third-Party Funder
- Challenges to Arbitrators under the ICSID Convention and Rules
- Multiparty Claims
- Fraud and Corruption
Part III Practical and Systemic Issues
Part IV Substantive Protections
Part V Damages
- Compensation for Expropriation
- Principles of Damages for Violations other than Expropriation
- The Discounted Cash Flow Method of Valuing Damages in Arbitration
- Other Methods for Valuing Damages in Arbitration
- Causation
- Contributory Fault, Mitigation and Other Defences to Damages
- Country Risk
- Choosing the Appropriate Valuation Approach for Damages Assessment