Investment Treaty Arbitration and International Law - Volume 4

This volume contains the papers and proceedings of the fourth annual Juris conference on international investment arbitration. In this volume, once again a talented group of young authors has met the high standards set by those who contributed to the first three volumes. The Asia Pacific region has proven to be a global economic powerhouse, but more and more focused on stability and rule of law. The increasing interest in countries such as China and India in the negotiation of free trade agreements and international investment agreements (IIAs) is proof of that trend. International arbitration under IIA dispute resolution provisions is only in its first stages of development in the region with an enormous potential for future growth. The topic for the Fourth Annual Investment Treaty Arbitration conference upon which this book is based was "Investment Arbitration in the Asia-Pacific Region." It addresses some of the cutting edge issues in investment arbitration and the development of IIAs.

The four topics addressed in this book balance procedural, jurisdictional and substantive law issues. While the topics are certainly contemporary, they should nonetheless remain relevant to practitioners and academics for years to come. They include:

Investment Agreements
Most Favored Nation Treatment
Investment Protections
The Future of Investment Arbitration in the Asia-Pacific Region

PDF of Title Page and T.O.C.

Introduction
Ian A. Laird and Todd J. Weiler

Profiles

CHAPTER 1 The National Treatment Obligation: Jurisprudential Uncertainty Concerning a Cornerstone of Investment Protection in Bilateral Investment Treaties

Charles Owen Verrill, Jr.

PART I: INVESTMENT AGREEMENTS

CHAPTER 2 Promoting and Protecting Investment in the Asia-Pacific Region: What Is The Role For International Investment Agreements?

Martin Endicott

CHAPTER 3 International Investment Agreements in the Asia-Pacific Region and the Promotion Objective

Patrick W. Pearsall

CHAPTER 4 Promoting and Protecting Investment in the Asia-Pacific Region - What is the Role for Investment Agreements?

Theodore R. Posner
Ian A. Laird
Todd J. Weiler
Martin Endicott
Charles Gastle
O. Thomas Johnson, Jr.
R. Scott Miller
Patrick W. Pearsall
Don Wallace

PANEL DISCUSSION

PART II: MOST-FAVORED NATION TREATMENT

CHAPTER 5 China's Investment Treaties and MFN Treatment: Recent Developments

Petr Polásek

CHAPTER 6 The Most-Favored-Nation Clause In The Context Of Chinese Bits: A Bridge To International Adjudication Of Investment Disputes?

Luisa Fernanda Torres

CHAPTER 7 China BITs and MFN - Will the Renta 4 Award and new jurisprudence expand the application of China BITs?

Matthew D. Slater
Ian A. Laird
Stephen Fietta
Matthew Kirtland
Michael Nolan
Petr Polášek
Jeffrey Sullivan
Luisa F. Torres
Todd J. Weiler

PANEL DISCUSSION

PART III: INVESTMENT PROTECTIONS

CHAPTER 8 Asia International Investment Agreements: Maintaining Balance through Qualified Liberalization

Marguerite Walter

CHAPTER 9 Public Policy versus Private Interest - Has Balance Been Maintained in Investment Protections in the Asia-Pacific Region?

Anne K. Hoffmann

CHAPTER 10 Public policy versus Private Interest - has balance been maintained in investment protections in the Asia-Pacific region?

Daren Tang
Ian A. Laird
Anne K. Hoffmann
Jonathan Kallmer
Devashish Krishan
Craig Miles
José Antonio Rivas
Marguerite C. Walter

PANEL DISCUSSION

PART IV: THE FUTURE OF INVESTMENT ARBITRATION IN THE ASIA-PACIFIC REGION

CHAPTER 11 The Future of Investment Arbitration in the Asia-Pacific Region

Jeffrey Sullivan

CHAPTER 12 The Future of Investment Arbitration in the Asia-Pacific Region: An Optimistic Assessment

Robert Benton Love

CHAPTER 13 Does Investment Arbitration have a future in the Asia-Pacific Region?

Timothy G. Nelson
Todd J. Weiler
Robert Benton Love
Kim Rooney
John Savage
Laurence Shore
Jeffrey Sullivan
John Townsend

PANEL DISCUSSION

TABLE OF CASES

INDEX

About the Editors:

Ian A. Laird is a Special Legal Consultant in the International Dispute Resolution Group of Crowell & Moring LLP in Washington, DC. His practice is focused in the field of international investment law and arbitration. He is the co-founder and Editor-in-Chief of OUP Investmentclaims.com.

Todd J. Weiler is an independent arbitrator, counsel and expert on the NAFTA and investment treaty arbitration, and an adjunct professor at the University of Western Ontario Faculty of Law. In 1998, Mr. Weiler founded naftaclaims.com; in 2007 he co-founded investmentclaims.com; and in 2009 he was named to a special editorial committee responsible for the OGEMID forum and the Transnational Dispute Settlement web site.

Contributors Include:

Martin Endicott
Stephen Fietta
Charles Gastle
Anne K. Hoffman
O. Thomas Johnson, Jr.
Jonathan Kallmer
Matthew Kirtland
Devashish Krishan
Robert Benton Love
Craig Miles
R. Scott Miller
Timothy G. Nelson
Michael Nolan
Patrick W. Pearsall
Petr Polá&scaron;ek
Theodore R. Posner
José Antonio Rivas
Kim Rooney
John Savage
Laurence Shore
Matthew D. Slater
Jeffrey Sullivan
Daren Tang
Luisa Fernanda Torres
John Townsend
Charles Owen Verrill, Jr.
Don Wallace
Marguerite C. Walter

Praise for the Investment Treaty Arbitration and International Law Series:

"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 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)

Author/Editor Detail:

About the Editors:

Contributors Include: