Description
Book SynopsisNo area of law is growing as fast and courting as much controversy as international investment law. Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct.
Trade Review'This is a serious piece of scholarship which will be consulted, challenged and referred to in the future by academics and practitioners in the area.' Elena Blanco, Manchester Journal of International Economic Law
'Dr Jarrett's book presents a deep intellectual conceptualisation of vexed issues in contributory fault and investor misconduct in investment arbitration. It sets the rules on sound foundation, clarifies the myriad of confusion, and shines a light through the difficulties that have plagued the relevant questions. Consequently, it should be of great use to a variety of actors dealing with this field.' Emmanuel Laryea, ICSID Review
'Jarrett's efforts to bring clarity and consistency to this developing area of investment law should be applauded.' George von Mehren and Mark Stadnyk, Journal of World Investment and Trade
'… the book offers a thought-provoking contribution to the literature on international investment law. It provides a rich, novel, and interesting study of how investor misconduct ought to factor into the analysis of State responsibility in investor-State arbitration claims. Jarrett offers rules that could conceivably form a basis for future debate and reforms, underpinned by a detailed and nuanced discussion that grapples with the structure, content and implications of such rules for investment claims.' Esmé Shirlow, European Journal of International Law
'His book is not only a critique of existing doctrine and practice but also a bold proposal for reform, including concrete solutions in the form of ready-to-use rules for apportionment … It is hoped that future disputants, armed with Jarrett's proposals, will encourage tribunals to refine their approach to these matters.' Johannes Fahner, Arbitration International
'… a creative inspiration for anyone thinking broadly and conceptually about contributory fault and investor misconduct in investment arbitration.' Markus P. Beham, European Yearbook of International Economic Law
Table of Contents1. A schematic of international investment law; 2. A definition of defence; 3. A theory of causation for international investment law; 4. Mismanagement; 5. Investment reprisal and post-establishment illegality; 6. A restatement of contributory fault and investor misconduct in international investment law.
