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Investment Treaty Arbitration
Judging under Uncertainty

£62.99

Part of Hersch Lauterpacht Memorial Lectures

  • 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.

    • 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
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    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.

  • Author

    Andrés Rigo Sureda, International Arbitrator, Washington DC
    Andrés Rigo Sureda is a judge on the Administrative Tribunal of the IMF and a member of the Sanctions Committee (the Anticorruption Tribunal) of the Inter-American Development Bank. He has extensive experience as an arbitrator and mediator in commercial and investor-States disputes and served with the World Bank in various capacities from 1973 to 2000, including Assistant General Counsel and Deputy General Counsel.

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