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