International Challenges in Investment Arbitration

ISBN-13: 9780367585419 / Angielski / Miękka / 2020 / 266 str.

Mesut Akbaba; Giancarlo Capurro

Opis

International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law. It also deals with the underlying fundamental questions at the intersection of investment arbitration and international law.

Spis treści

List of Figures

List of Tables

List of Contributors

Preface

Part I: The State in International and Investment Law

1   Rethinking the Relevance of Customary International Law to Issues of Nationality in Investment Treaty Arbitration

Javier García Olmedo

2   Investment Claims and Annexation of Territory: Where General International Law and Investment Law Collide?

Sebastian Wuschka

3  Exception Clauses in International Investment Agreements: A Case for Systemic Integration?

Tobias Ackermann

4   International Norms: A Defence in Investment Treaty Arbitration?

Dr Dafina Atanasova

5   The Right to Regulate: Towards a (Not Entirely) New Regulatory Paradigm under Recent FTA Investment Chapters

Elsa Sardinha　

Part II: Investment Arbitration and the European Legal Order

1   A Comparative Law Approach as a Technique for Solving Conflicts between EU law and Investment Arbitration: The Case of the ECtHR.

Blerina Xheraj

2   The Energy Charter Treaty and European Union Law: Mutually Supportive Instruments for Economic Cooperation or Schizophrenia in the ‘Acquis’?

Cees Verburg

3   The Need for Intra-EU Investment Protections

Dr Emily Sipiorski

4   Is One Permanent Instance Enough? A Comparison Between the WTO Appellate Body and the Proposed Investment Court System

Marcus Weiler 　

Part III: Practical Issues in Investor State Proceedings

1   The Appropriate Use of Bifurcation as a Means for Increasing Efficiency in Investment Arbitration

Dr Jola Gjuzi

2   Effective Management of Mass Claims Arbitration – What We Could Learn from International Tribunals

Katarzyna Barbara Szczudlik

3   The Impact of the Economic and Political Situation Prevailing in the Host State on Compensation and Damages under International Investment Law

Dr Sven Lange

4 The Impact of Third Party Funding on an ICSID Tribunal’s Decision on Security for Costs

Dr Alexander Hoffmann

Rationalising Costs in International Arbitration: A Tall Order?

Neil Kaplan QC CBE SBS

Index

O autorze

Mesut Akbaba, LL.B., is a Research Assistant at the Center for International Dispute Resolution at Bucerius Law School, Hamburg, Germany.

Giancarlo Capurro, LL.B., is a Law Clerk at the Higher Regional Court of Hamm, Germany.