PDF of Title Page and TOC

PART I - THE ONLY VALID BASIS FOR TREATY CLAIMS INVOLVING JUDICIAL ACTION OR INACTION IS THE CIL THEORY OF DENIAL OF JUSTICE; TRUE OR FALSE?

CHAPTER 1 - Customary International Law as the Source of Denial of Justice Treaty Claims Resolution
César Rivière 

CHAPTER 2 - Justice Denied: Why Treaty Claims Involving Judicial Action Are Not Limited to the CIL Theory of Denial of Justice
Myriam Seers, Ryan Pistorius and Sebastián Melo 

CHAPTER 3 - The Only Valid Basis for Treaty Claims Involving Judicial Action or Inaction is the CIL Theory of Denial of Justice; True or False? PANEL DISCUSSION
Nicole Silver
Cesar Riviere
Myriam Seers
Michael A. Fernandez
Camilla Gambarini
James Hosking
Caline Mouawad

PART II - YES OR NO: THE UNCITRAL WGIII PROPOSAL ON LIMIT ON MULTIPLE ROLES IS A GOOD IDEA?

CHAPTER 4 - The UNCITRAL WGIII Proposal on Limit on Multiple Roles Is Not a Good Idea: The Case Against the Proposal
Laura Yvonne Zielinski 

CHAPTER 5 - UNCITRAL Working Group III Proposal on Limit on Multiple Roles Is a Good Idea 
Yusuf Kumtepe 

CHAPTER 6 - Yes or No: The UNCITRAL WGIII Proposal on Limit on Multiple Roles is a Good Idea? PANEL DISCUSSION
Kathleen Claussen
Laura Yvonne Zielinski
Yusuf Kumtepe
Marinn Carlson
Kiran Nasir Gore
Miriam Harwood
Amanda J. Lee

PART III - THE STATE ENTERPRISE AS INVESTOR: A SPECIAL THREAT REQUIRING SPECIAL RULES OR NOT?

CHAPTER 7 - Keynote Address
Frédéric G. Sourgens 

CHAPTER 8 - The State Enterprise as Investor:  A Special Threat Requiring Special Rules or Not? The Case for Special Rules
David S. Blackman 

CHAPTER 9 - The State Enterprise as Investor: A Special Threat Requiring Special Rules or Not? Position: State Enterprises Do Not Constitute a Special Threat Requiring Special Rules
Jack Busby 

CHAPTER 10 - The State Enterprise as Investor: A Special Threat Requiring Special Rules or Not? PANEL DISCUSSION
Teddy Baldwin
David Blackman
Jack Busby
José Antonio Rivas
Charles Kotuby
Mahnaz Malik
Kirsten Teo

PART IV - THE U.S. WILL MAINTAIN ITS CURRENT BIT POLICY.  IT WILL NOT CHANGE EVEN IF THE U.S. LOSES THE PENDING NAFTA CASES; TRUE OR FALSE?

CHAPTER 11 - Why Losing the Keystone XL Pipeline Case Won't be a Pipeline to XL-Sized Change in U.S. Bilateral Investment Policy
Laura Zimmerman 

CHAPTER 12 - Investor-State Arbitration Under NAFTA Chapter Eleven: The Case for Reforming the United States’ International Investment Law Policy
Zeïneb Bouraoui 

CHAPTER 13 - The U.S. Will Maintain its Current Bit Policy. It Will Not Change Even if the U.S. Loses the Pending NAFTA Cases; True or False? PANEL DISCUSSION
Timothy G. Nelson
Laura R. Zimmerman
Zeïneb Bouraoui 
Andrew Behrman
Ian Laird
Floriane Lavaud
Ankita Ritwik

TABLE OF CASES 

INDEX 

Editors

Dr. Kabir Duggal is an Attorney in Arnold and Porter’s New York office focusing on international arbitration and public international law matters, serving both as arbitrator and mediator.  He is recognized as a “Chartered Arbitrator” (the highest ranking for arbitrators) by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. He also frequently serves as an expert on international arbitration and public international law matters. Dr. Duggal is also a Lecturer-in-Law at Columbia Law School, an adjunct Professor at Fordham Law School, and a Course Director and a Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries (UN-OHRLLS) on the creation of a novel “Investment Support Program.” Dr. Duggal works closely with the U.S. Department of Commerce’s Commercial Law Development Program (CLDP) as an expert and has undertaken capacity-building workshops in Georgia, Kosovo, Bosnia & Herzegovina.  He has also conducted training and capacity-building sessions for several Governments including Colombia, Saudi Arabia, Myanmar, India, Philippines among others on public international law and dispute resolution matters. He also serves on the Federal Republic of Somalia’s New York Convention Task Force as well as the WTO Negotiating Team (International Board). He has published over 60 articles and has spoken at over 300 arbitration events all over the world.  He is also a passionate advocate for diversity, equity, and inclusion issues and frequently writes and speaks on these issues. He is the Co-Founder of REAL (Racial Equality for Arbitration Lawyers), a non-profit seeking to create greater representation in international arbitration. He is a graduate of the University of Mumbai, University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2019 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School.  Dr. Duggal is admitted to practice law in New York, District of Columbia, England & Wales (as a Barrister), and in India.

Todd J. Weiler’s practice has focused exclusively on international investment law and arbitration since being called to the bar of Ontario in 1999. He received a B.A. (Hons.) from the University of Waterloo (Canada), a M.A. and LL.B. from Western University (Canada), a LL.M. from the University of Ottawa, and a LL.M. and S.J.D. from the University of Michigan. He is also currently pursuing a Ph.D. in international and transnational history at Western University. From 1990 to 1996, he performed policy analysis for various departments of the Government of Canada and from 1997 to 1998 he clerked for Mr. Justice Howard Wetston at the Federal Court of Canada. In addition to inaugurating Juris’s conference and book series on international investment law and arbitration, Dr. Weiler is also a co-founder of both Investmentclaims.com, managed by Oxford University Press, and the Society of International Economic Law. His name has appeared on the Who’s Who Legal list of leading international arbitration lawyers since 2007 and on the Global Arbitration Review’s list of the world’s leading specialist international arbitration firms, the GAR 100, since 2011.

Rekha Rangachari is the Executive Director of the New York International Arbitration Center (NYIAC). She serves as Co-Chair of the New York State Bar Association (NYSBA) Dispute Resolution Section’s International Dispute Resolution Committee, Co-Chair of the NYSBA International Section’s International Contracts and Commercial Law Committee, Member of the NYSBA House of Delegates, Co-Chair of the American Society of International Law’s (ASIL’s) Private International Law Interest Group, Board Member of the New York Coalition of Women’s Initiatives, the Association for Conflict Resolution of Greater New York (ACR-GNY), and Arbitral Women (AW), Steering Committee Member of the Pledge for Greener Arbitration, Fellow of the American Bar Foundation (ABF), and Adjunct Professor at Seton Hall Law School.

Associate Editor

Camilla Gambarini is a Senior Associate in Withers’ arbitration team. Dual qualified as an Avvocato (Italy) and as a Solicitor Advocate (England & Wales), Camilla specialises in international arbitration (commercial and investment treaty) and public international law matters. Before moving to London, she practised in Milan, Houston and New York, having developed an expertise in assisting clients from both civil and common law jurisdictions. She has represented individuals, companies, States and State-owned entities in international arbitrations across a range of sectors, including the apparel, aviation, energy, gambling, infrastructure, insurance, metal, oil & gas, and railway industries in different regions of the world, particularly the MENA region, CIS countries and Latin America. She has experience of international commercial and investment arbitrations under the auspices of the CAM, CIAC, ICC, ICSID, LCIA and UNCITRAL rules.

Authors

David Blackman, Chaffetz Lindsey (New York)

Zeïneb Bouraoui, Cleary Gottlieb (Paris)

Jack Busby, Allen & Overy (London)

Yusuf Kumtepe, Kabine Law Office (Istanbul)

Cesar Riviere, Skadden (New York)

Myriam Seers, Savoie Laporte (Toronto)

Laura Yvonne Zielinski, Holland & Knight (Mexico City)

Laura R. Zimmerman, Baker & McKenzie (New York)

Faculty

Andrew Behrman, Baker Botts (New York)

Marinn Carlson, Sidley Austin (DC)

Michael A. Fernandez, Rivero Mestre (New York)

Camilla Gambarini, Withers (London)

Kiran Nasir Gore, George Washington University Law School/Law Offices of Kiran N Gore (DC)

Miriam Harwood, Squire Patton Boggs (New York)

James Hosking, Chaffetz Lindsey (New York)

Charles Kotuby, University of Pittsburgh School of Law

Ian Laird, Crowell & Moring (DC)

Floriane Lavaud, Debevoise & Plimpton (New York)

Amanda J. Lee, Costigan King (London)

Mahnaz Malik, Twenty Essex (London)

Caline Mouawad, Chaffetz Lindsey (New York)

Ankita Ritwik, Gibson, Dunn & Crutcher (DC)

José Antonio Rivas, Xtrategy LLP/Georgetown University Law Center (DC)

Kirsten Teo, Dechert (DC)

Moderators

Teddy Baldwin, Steptoe (DC)

Kathleen Claussen, University of Miami

Timothy G. Nelson, Skadden (New York)

Nicole Silver, Validity Finance (DC)

Speaker

Frédéric G. Sourgens, Washburn University School of Law

"This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field."
- Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

"This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation."
- Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is former Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Private International Law

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions."
- Droit Et Pratique Des Investissements Internationaux - (International Investments Law and Practice)