Investment Treaty Arbitration: Judging under Uncertainty (Hersch Lauterpacht Memorial Lectures)
Cambridge University Press, 4/16/2012
EAN 9781107022515, ISBN10: 1107022517
Hardcover, 168 pages, 23 x 15.7 x 1.5 cm
Language: English
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.
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.