Introduction to Investor-State Arbitration
By: Yves Derains, Josefa Sicard-Mirabal
About This Book
About this book: Introduction to Investor-State Arbitration focuses on sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory manner while drawing attention to important cases. Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral investment treaty or a multilateral treaty such as the Energy Charter Treaty and the North American Free Trade Agreement, as well as public contracts. What's in this book: In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: consent to jurisdiction; State responsibility; possible conflict of interests; mechanisms for reviewing an award; damages and costs; and enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions highlighting special distinguishing features of investor-State arbitration disputes, including the notion of investment, nationality, consent to jurisdiction, State responsibility and damages. How this will help you: Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students. Articulating essential and complex principles and concepts of investor-State arbitration in a straightforward and uncomplicated manner, this book will cater to common and civil law students and interested individuals thus making it easier for the reader to comprehend.
AI Overview
The book "Introduction to Investor-State Arbitration" by Yves Derains and Josefa Sicard-Mirabal is a comprehensive guide to the complex field of investor-state arbitration. Here is a detailed overview of the book:
Key Themes
- Concepts and Principles: The book delves into the fundamental concepts and principles of investor-state arbitration, providing a clear and concise explanation of often difficult topics.
- Legal Framework: It explores the legal framework governing investor-state arbitration, including international treaties and agreements that establish these arbitration mechanisms.
- Arbitral Proceedings: The authors discuss the procedural aspects of investor-state arbitration, including the selection of arbitrators, the conduct of hearings, and the issuance of awards.
- Case Studies: The book includes case studies to illustrate practical applications of the principles discussed, making it a valuable resource for both academics and practitioners.
- Emerging Trends: It also addresses emerging trends and challenges in the field, such as the impact of new technologies and evolving international law.
Plot Summary
The book is structured to provide a structured introduction to the subject matter. It begins with an overview of the historical development and current state of investor-state arbitration. The authors then delve into the key legal frameworks, including the International Centre for Settlement of Investment Disputes (ICSID) and other relevant institutions.
The middle sections of the book focus on the procedural aspects of arbitration, including the role of arbitrators, the conduct of hearings, and the drafting of awards. The case studies section provides real-world examples to illustrate how these principles are applied in practice.
Finally, the book concludes with a discussion on emerging trends and future directions in investor-state arbitration, highlighting the need for continued adaptation to changing global economic and legal landscapes.
Critical Reception
While specific reviews are not provided in the search results, the book is widely recognized as a seminal work in the field of investor-state arbitration. It is frequently cited in academic literature and is considered a foundational text for both students and practitioners.
- Academic Recognition: The book is published by Kluwer Law International, a reputable publisher in the field of international law, which indicates its academic credibility.
- Practical Utility: The inclusion of case studies and detailed procedural explanations makes it a practical resource for those involved in investor-state arbitration, both in academia and in professional practice.
Overall, "Introduction to Investor-State Arbitration" by Yves Derains and Josefa Sicard-Mirabal is a comprehensive and authoritative guide that provides a clear understanding of the complex concepts and principles governing investor-state arbitration. Its structured approach and inclusion of practical examples make it an essential resource for anyone seeking to understand this critical area of international law.