The International Law of Investment Claims

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Cambridge University Press, Jun 11, 2009 - Law - 616 pages
The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.
 

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Contents

Foreword James Crawford page
xxi
Table of cases of international courts and tribunals
li
Table of cases of municipal courts
lviii
The juridical foundations of investment treaty arbitration
1
Rule
4
Rule
10
Rule 12
36
Applicable laws
39
For the purposes of Rule 25 and Rule 26 the legal
263
The test for the legal foundation of a claim for
273
Jurisdiction ratione personae
284
Jurisdiction ratione temporis
328
The obligation to accord mostfavourednation treatment
344
Contractual choice of forum
363
Shareholder claims
397
For a claim to be admissible pursuant to Rule 49
455

The law applicable to an issue relating to the procedure
106
The choice of law rules set out in this chapter
125
Taxonomy of preliminary issues relating to jurisdiction
134
An investment treaty tribunal is vested with adjudicatory
143
Consent to the arbitration of investment disputes
151
Investment
161
69
176
78
190
79
218
Jurisdiction ratione materiae
233
81
249
In accordance with the terms of the contracting state
255
Dispositions relating to the legal and beneficial
458
Dispositions relating to the legal and beneficial
466
Appendices
473
Convention on the Recognition and Enforcement of Foreign
481
Energy Charter Treaty 1994 excerpts
509
China Model BIT 1997
525
France Model BIT 2006
532
Germany Model BIT 2005
539
United Kingdom Model BIT 2005 with 2006 amendments
559
United States of America Model BIT 2004
568
Index
600
Copyright

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About the author (2009)

Zachary Douglas is a lecturer at the University of Cambridge Faculty of Law, a fellow of Jesus College, Cambridge, and a barrister with Matrix Chambers, London. He is also a member of Gray's Inn, the British Institute of International & Comparative Law and the American Society of International Law, and has practised law in England, France and Russia.

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