Building International Investment Law
The First 50 Years of ICSID
By: Meg N. Kinnear
About This Book
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter's particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
AI Overview
"Building International Investment Law: The First 50 Years of ICSID" is a comprehensive treatise edited by Meg N. Kinnear, Geraldine R. Fischer, Jara Mínguez Almeida, Luisa Fernanda Torres, and Marie-Eve Bildegain. The book celebrates the first 50 years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting landmark cases decided under its auspices.
Key Themes
Jurisdiction and Applicable Rules:
- The book delves into the general principles of ICSID arbitration, including the applicable rules of interpretation and the burden and standard of proof in ICSID arbitration.
Jurisdiction of ICSID:
- It examines the criteria for determining investor nationality, preconditions for ICSID arbitration, and the waiver of local remedies.
Substantive Aspects of ICSID Disputes:
- The treatise details the standards of protection to which investors are entitled, including concepts like fair and equitable treatment and protection from expropriation.
Exceptions, Defences, and Counterclaims:
- It focuses on the exceptions, defences, and counterclaims that states may invoke, as well as the valuation of claims and issues of costs.
Procedural and Related Matters:
- The concluding part contains papers on various procedural and related matters, providing a comprehensive insight into both the procedural and substantive aspects of ICSID arbitration.
Plot Summary
The book is structured into six parts, each addressing a wide array of topics in leading ICSID decisions. Here is a brief overview of each part:
General Principles:
- This part elucidates the foundational principles of ICSID arbitration, including interpretation rules and the burden of proof.
Jurisdiction of ICSID:
- It covers the criteria for determining investor nationality, preconditions for arbitration, and waivers of local remedies.
Substantive Aspects of ICSID Disputes:
- This section details the standards of protection for investors, including fair and equitable treatment and protection from expropriation.
Exceptions, Defences, and Counterclaims:
- It examines the exceptions and defences that states may invoke, as well as the valuation of claims and issues of costs.
Procedural and Related Matters:
- The final part contains papers on various procedural and related matters, providing a comprehensive overview of ICSID arbitration.
Critical Reception
The book has received positive reviews for its comprehensive and systematic approach to ICSID jurisprudence. Here are some highlights from the critical reception:
Impressive Collection of Papers: The book is described as an impressive collection of fifty papers contributed by eminent scholars and practitioners from all over the world.
Comprehensive Insight: It provides readers with a comprehensive insight into both the procedural and substantive aspects of ICSID arbitration, from the onset of a dispute to its final stages.
Springboard for Further Development: The treatise serves as a springboard for the further development of ICSID jurisprudence by identifying and elaborating upon controversial and unresolved issues of law.
Overall, "Building International Investment Law: The First 50 Years of ICSID" is a seminal work that offers a detailed and structured analysis of ICSID jurisprudence over its first 50 years, making it a valuable resource for scholars, practitioners, and policymakers in the field of international investment law.