The International Law of Investment ClaimsThe 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. |
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 |
| 600 | |
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Common terms and phrases
12 ICSID 9 ICSID Rep accordance admissibility alleged Amco applicable arbitral tribunal arbitration proceedings Argentina Argentina Preliminary Objections arising Article assets Barcelona Traction benefit breach choice of law claimant Claims Tribunal clause conflict constituted Contracting Party contracting state party contractual rights corporate Czech Republic damages decision defined definition difficulties diplomatic protection disputing party economic Ecuador Energy Charter Treaty Enron enterprise expropriation first foreign Government host state’s Ibid ICJ Rep ICSID arbitration ICSID Convention ICSID Rep International Court international law investment agreement investment disputes investment treaty arbitration investment treaty obligation investment treaty tribunal investor Iran issue jurisdiction ratione lex loci arbitri Methanex Model BIT 2004 municipal law NAFTA Pakistan paragraph paras principle procedural property rights provision pursuant question reflective loss relation relevant requirement respect RIAA rights in rem settlement shareholder shares significant sovereign immunity specific submitted substantive territory treatment tribunal’s tribunal’s jurisdiction UNCITRAL UNCTAD USA Model BIT