Description
Book SynopsisThere are more than 2,500 treaties protecting the investments of individuals and companies of one contracting State party that have been made in the territory of another contracting State party. This book deals with the principles and rules relating to the prosecution of investment claims pursuant to such treaties.
Trade ReviewReview of the hardback: 'There is no shortage of books now on investment arbitration. But this will prove one of the best and, I believe, most enduring; it is fit as a work of synthesis to rank alongside Schreuer's Commentary to the ICSID Convention.' Professor James Crawford SC, Lauterpacht Centre for International Law, University of Cambridge
'Douglas' book certainly is an important contribution to the development of international investment law … the theses presented by Douglas hopefully will initiate a vivid academic discussion.' Jan Asmus Bischoff, International and European Law Book Reviews Online
Table of Contents1. The juridical foundations of investment treaty arbitration; 2. Applicable laws; 3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration; 4. Consent to the arbitration of investment disputes; 5. Investment; 6. Jurisdiction ratione materiae; 7. Jurisdiction ratione personae; 8. Jurisdiction ratione temporis; 9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal; 10. Admissibility: contractual choice of forum; 11. Admissibility: shareholder claims; 12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment; 13. Denial of benefits.
