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The latest thinking of the world's leading international investment law practitioners, academics and arbitrators have been brought together in this highly successful volume edited by Todd Weiler.
According to policy-makers and business leaders alike international investment law is one of the fastest-growing areas of international law. New cases are being lodged at an exponential rate. Because of the comprehensive coverage of all of the key issues of international investment law and arbitration, and its accompanying CD ROM of case materials, International Investment Law and Arbitration will make an excellent and essential reference for anyone practising in this exciting field of law.
Starting with an examination of when State responsibility is engaged and when investments will be protected under investment treaties, the contributors answer questions about who is entitled to protection as an investor, including questions of corporate structure and continuous nationality.
The book highlights fundamental procedural issues before contributing three essays to topics related to the role for investment treaty arbitration arising out of national crises. Next, a group of authors comprehensively attack the crucial issues in substantive investment law today, such as regulatory expropriation, national treatment and "fair and equitable treatment," before closing with two thoughtful essays on a much neglected area of investment law: the principles of valuation and damages.
A thought-provoking foreword has been contributed by one of the world's most respected and admired arbitrators, V.V. Veeder. Mr. Veeder is a member of Essex Court Chambers in London, U.K. He is also the General Editor of "Arbitration International"; Chairman of ARIAS-AIDA (UK); Chairman of IFSLs International Dispute Resolution Panel (UK); Member of the Council of the ICC Institute of World Business Law; and Visiting Professor, King's College, University of London in Investment Arbitration.
In addition to the analytical material of the print volume there is also a CD ROM that includes all of the leading cases, treaties and arbitration rules cited by the authors.
About the Editor
Todd Weiler is a pioneer of investment arbitration under the North American Free Trade Agreement who has lectured widely on a broad array of international trade and investment law issues. Todd Weiler acts as counsel, expert consultant and arbitrator on investment treaty claims worldwide and currently serves as an Adjunct Professor at the Washington College of Law at American University in Washington, D.C., and as a Global Faculty Member at the Centre for Energy, Petroleum & Mineral Law & Policy at the University of Dundee, in Dundee, Scotland.
Contents in Brief
Chapter 1: State Responsibility and Attribution by Abby Smutny
Chapter 2: Status of Pre-Investment Expenditures by Walid Ben Hamida
Chapter 3: Shareholder Rights to Bring Investment Claims by Ian Laird
Chapter 4 : The Continuous Nationality Rule by Maurice Mendelson
Chapter 5: The Place of Arbitration by Charles H. Brower
Chapter 6: Confidentiality and Third Parties by Loukas Mistelis
Chapter 7: Jurisdiction and Admissibility by Ian Laird
Chapter 8: Applicable Law under Art. 42 of the ICSID by Domenico Di Pietro
Chapter 9: Overlapping Contract & Treaty Claims - the Vivendi I Case: by Christoph Schreuer
Chapter 10: Overlapping Contract & Treaty Claims - the SGS Cases: by Emmanuel Gaillard
Chapter 11: Changed Circumstances: Aminoil Revisited by Martin Hunter and Anthony Sinclair
Chapter 12: Treaty Protection of Foreign Debt by Thomas Wälde
Chapter 13: First Lessons from Argentina by R. Doak Bishop and Roberto J. Aguirre Luzi
Chapter 14: The Continuing Appeal of Annulment by Andrea K. Bjorklund
Chapter 15: The MFN Treatment Obligation by Jürgen Kurtz
Chapter 16: National Treatment and Nondiscrimination by Todd Weiler
Chapter 17: Regulatory Expropriation by Jack J. Coe, Jr. and Noah Rubins
Chapter 18 : Denial of Justice by Don Wallace, Jr.
Chapter 19: Good Faith & Regulatory Transparency by Todd Weiler
Chapter 20: General Valuation Principles by Charles N. Brower and Jarrod Wong
Chapter 21: Ghosts of Chorzow Factory by Jan Paulsson
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