IAI series on international arbitration ; no. 8. Juris arbitration law.
"This book is based on the Conference organized by the IAI in Paris on Jurisdiction in Treaty Investment Arbitration. At this Conference, distinguished speakers active in the area of investment treaty arbitration shared their experience and perspective on the three grounds of challenge to the jurisdiction of arbitral tribunals in investment treaty arbitration. The Three Parts of this volume are organized according to the three jurisdictional thresholds that a claimant must cross in order to reach the merits phase of an investment treaty arbitration. Part I is devoted to Jurisdiction ratione materiae, i.e., the notion of 'investment'. What constitutes an investment? Is there an economic definition of an investment? Is there a legal definition of an investment? What requirements are found in investment treaties? The various aspects of this crucial concept are covered, respectively, by an economist (Boaz Moselle), by international arbitration specialists, be they academics, arbitrators or practitioners (Pierre-Marie Dupuy, Judge Stephen M. Schwebel and Stanimir Alexandrov, Michael Polkinghorne, Sven-Michael Volkmer, and Margaret Clare Ryan), and by State representatives experienced in the negotiation and drafting of investment treaties (Christophe Douaire de Bondy and Megan Clifford for Canada, Roberto Echandi Gurdián for Costa Rica and Jae-Hoon Kim for the Republic of Korea). Part II focuses on Jurisdiction ratione personae, namely the definition of the protected investor. Doak Bishop reports on whether there is a standard definition of an 'investor' in investment treaties; Yas Banifatemi discusses the issue of control under denial of benefits clauses, and Professor Geneviève Bastid-Burdeau analyses whether there are specific standards of jurisdiction when defining the defendant State. Part III and last part of the volume is dedicated to Jurisdiction ratione temporis: what is covered in time by the relevant treaty? Veijo Heiskanen examines whether there is a distinction between jurisdiction ratione temporis and substantive protection ratione temporis. Zachary Douglas then focuses on the determination of the critical date in investment treaty arbitration. The volume also includes the proceedings of the animated debates that followed each session of the Conference."--Publisher's website.
At head of title: International Arbitration Institute, Institut pour l'arbitrage international.
Bibliography, etc. Note
Includes bibliographical references.
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Source of Description
Description based on Juris ArbitrationLaw title description page, viewed April 3, 2018.