International Challenges in Investment Arbitration

Mesut Akbaba, LL.B., is a Research Assistant at the Center for International Dispute Resolution at Bucerius Law School, Hamburg, Germany. Giancarlo Capurro, LL.B., is a Law Clerk at the Higher Regional Court of Hamm, Germany.

List of Figures

List of Tables

List of Contributors

Preface

Part I: The State in International and Investment Law

1 Rethinking the Relevance of Customary International Law to Issues of Nationality in Investment Treaty Arbitration

Javier García Olmedo

2 Investment Claims and Annexation of Territory: Where General International Law and Investment Law Collide?

Sebastian Wuschka

3 Exception Clauses in International Investment Agreements: A Case for Systemic Integration?

Tobias Ackermann

4 International Norms: A Defence in Investment Treaty Arbitration?

Dr Dafina Atanasova

5 The Right to Regulate: Towards a (Not Entirely) New Regulatory Paradigm under Recent FTA Investment Chapters

Elsa Sardinha

Part II: Investment Arbitration and the European Legal Order

1 A Comparative Law Approach as a Technique for Solving Conflicts between EU law and Investment Arbitration: The Case of the ECtHR.

Blerina Xheraj

2 The Energy Charter Treaty and European Union Law: Mutually Supportive Instruments for Economic Cooperation or Schizophrenia in the ‘Acquis’?

Cees Verburg

3 The Need for Intra-EU Investment Protections

Dr Emily Sipiorski

4 Is One Permanent Instance Enough? A Comparison Between the WTO Appellate Body and the Proposed Investment Court System

Marcus Weiler

Part III: Practical Issues in Investor State Proceedings

1 The Appropriate Use of Bifurcation as a Means for Increasing Efficiency in Investment Arbitration

Dr Jola Gjuzi

2 Effective Management of Mass Claims Arbitration – What We Could Learn from International Tribunals

Katarzyna Barbara Szczudlik

3 The Impact of the Economic and Political Situation Prevailing in the Host State on Compensation and Damages under International Investment Law

Dr Sven Lange

4 The Impact of Third Party Funding on an ICSID Tribunal’s Decision on Security for Costs

Dr Alexander Hoffmann

Rationalising Costs in International Arbitration: A Tall Order?

Neil Kaplan QC CBE SBS

Index