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8 Apr 2021  • 

Arbitration Under International Investment Agreements

Katia Yannaca-Small is an independent legal advisor and arbitrator and associate professor of international investment law and arbitration at the Gould School of Law at the University of Southern California (USC). Until recently, she was counsel to Shearman and Sterling LLP, where she represented and advised companies, states and public institutions in commercial and investor litigation. Katia was also the OECD`s senior legal advisor on international investment, where she developed the international investment agreements and arbitration program. She was also Senior Counsel at ICSID, where she managed major investor-state arbitration, proposed and developed ICSID`s first comprehensive information plan, and developed a course on ICSID procedures for government officials and practitioners. With contributions from many leading experts in this field, from private and academic practitioners to government officials and NGOs, this text is addressed credibly and objectively to all parties. Through pragmatic and reliable analysis, this book gives the reader a decisive understanding of all aspects of this developing theme. Investor-state arbitration is a form of dispute resolution that allows foreign investors to claim damages or discriminatory practices, most of which result from violations of the contractual obligations of host governments. Given the high public interest in these cases, the powers of these tribunals are subject to in-depth review and discussion. Therefore, current knowledge of key investment arbitrage issues is an integral part of those practising in this area, particularly in light of the rapid evolution of international investment law. Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the main procedural and substantive aspects of investment arbitrage in a practical and accessible manner.

The text covers all stages of the investor-state arbitration process and provides an overview of key issues such as precedents, counter-claims, third-party financing, dual action, the burden of proof in matters of competence, attribution, violation of contractual and contractual rights, fair treatment, indirect expropriation and culminates with the execution of investment bonuses. The text also describes the conflicts and challenges that arbitrators face from a practical perspective and provides a comprehensive overview of investor-state arbitration. With contributions from many leading experts in this field, private practitioners, academics, governmental and intergovernmental organizations, this text objectively addresses all issues. Through pragmatic and reliable analysis, this book gives the reader a decisive understanding of all aspects of this developing theme. “When the first edition of this text was published just seven years ago, it quickly became a reference guide for practitioners, academics and the courts on investor-state issues… As evidenced by the breadth and depth of the themes covered in this issue, investment contracts and arbitrations continue to raise new legal questions.


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