Investment Treaty Arbitration
Judging under Uncertainty
Part of Hersch Lauterpacht Memorial Lectures
- Author: Andrés Rigo Sureda, International Arbitrator, Washington DC
- Date Published: April 2012
- availability: Available
- format: Hardback
- isbn: 9781107022515
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Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency. Andrés Rigo Sureda's Hersch Lauterpacht Memorial Lecture examines how arbitral discretion is exercised in the face of uncertainty of the law. It explores the choices made by arbitral tribunals as they approach treaty interpretation, as they search for limits in determining jurisdiction and the content of the standards of protection and as they search for consistency in the exercise of arbitral discretion.
Read more- Study of exercise of judicial discretion will be of interest to those concerned with judicial decision-making
- Search for limits at the jurisdictional and merits phases will appeal to those concerned with policy issues in investment treaty arbitration
- Search of consistency in an uncertain context will appeal to those who are concerned with contradictory decisions by arbitral tribunals
Reviews & endorsements
'… the monograph does not go out of bounds and does acknowledge limitations, as in ignoring them one would run the risk of denaturing arbitration itself as a mode of settlement of investment disputes. The monograph is a meticulous attempt at establishing the legitimacy on international investment law and ITA as a branch of public international law. For academicians, students and even practitioners of international investment law, this monograph is a must read.' Pushkar Anand, Indian Journal of International Law
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×Product details
- Date Published: April 2012
- format: Hardback
- isbn: 9781107022515
- length: 168 pages
- dimensions: 229 x 152 x 11 mm
- weight: 0.4kg
- availability: Available
Table of Contents
Introduction
Part I. Discretion: The Search for Meaning:
1. Uncertainty, judicial discretion and policy
2. Treaty interpretation
Part II. The Search for Limits:
3. Form or substance: the nationality of corporate claims
4. Multiple approaches to define investment
5. Legitimate expectations, risk and due diligence
Part III. The Search for Consistency:
6. Principles
7. Precedent
8. Publicists
Conclusion.
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