Description
Book SynopsisThis book explores the meaning of ''investment'' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the jurisdictional requirement of the existence of an investment. It explores, first of all, the fundamental question of whether the term ''investment'' in Art. 25 ICSID Convention has - despite not being defined - some objective or independent meaning. Second, it addresses the substance of that meaning, showing that three main approaches (the prevailing Salini test, the permissibility test, and the commercial-transaction test) co-exist in arbitral practice. Third, it analyses the definitions of ''investment'' found in investment treaties including the traditional definitional model, typical requirements, and recent developments in practice. Fourth, it provides an overview of definitions contained in domestic investment laws, highl
Table of Contents1: Preliminary Matters 2: The Question of Whether Art. 25 ICSID Convention Lays Down Independent Requirements for the Existence of an Investment 3: The Meaning of Investment Under Art 25 ICSID Convention 4: The Concept of Investment in Investment Treaties: Traditional Definitions and Typical Requirements 5: Recent Developments in Treaty and Arbitral Practice 6: Definitions of Investment in Investment Laws 7: Investment Status of Specific Categories of Assets and Operations
