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Contents
- Preliminary Material
- Preface to the Paperback Edition
- General Editor’s Preface
- Acknowledgements
- Contents—Summary
- Contents
- Table of Cases
- Table of Treaties
- Multilateral Treaties and Other International Instruments
- Bilateral Treaties
- Argentina
- Armenia
- Australia
- Bahrain
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Brazil
- Canada
- Chile
- China
- Costa Rica
- Cyprus
- Czech and Slovak Republic
- Czech Republic
- Democratic Republic of Congo (Kinshasa) formerly Zaire
- Denmark
- Ecuador
- Egypt
- El Salvador
- Estonia
- Finland
- France
- Germany
- Greece
- Hong Kong
- India
- Indonesia
- Ireland
- Israel
- Italy
- Jamaica
- Jordan
- Kenya
- Lebanon
- Luxembourg
- Malaysia
- Mexico
- Moldova
- Mongolia
- Morocco
- Netherlands
- Pakistan
- Paraguay
- Philippines
- Poland
- Portugal
- Romania
- Russian Federation
- Sierra Leone
- Singapore
- Spain
- Sri Lanka
- Switzerland
- Turkey
- Ukraine
- United Kingdom
- United States
- Venezuela
- Vietnam
- List of Abbreviations
- Main Text
- Part I Overview
- 1 Introduction
- 2 The Basic Features of Investment Treaties
- 3 Dispute Resolution Provisions
- Part II Ambit of Protection
- 4 Parallel Proceedings
- Preliminary Material
- 1 Basis and Nature of Jurisdictional Conflicts in Investment Arbitration
- 2 Treatment of Jurisdictional Conflicts in Investment Treaties
- 3 Modern Application in Investment Arbitral Awards
- 4.63
- A Breach of Contract and Breach of Treaty
- B Election, Waiver, and the ‘Fork in the Road’
- C Internationalized Contract Claims under ‘Umbrella Clauses’
- D Parallel Treaty Arbitrations
- 4 Conclusions
- 4.147
- 4.148 Jurisdiction and applicable law.
- 4.149 Breach of treaty and breach of contract.
- 4.150 Consequences for overlapping claims.
- 4.151 Drawing the line between treaty and contract.
- 4.152 Prior pursuit of local remedies.
- 4.153 Electa una via/Fork in the road.
- 4.154 Waiver.
- 4.155 Investment tribunal jurisdiction over contract claims.
- 4.156 Priority of contractual choices of jurisdiction.
- 4.157 Effect of umbrella clause.
- 4.158 Parallel treaty arbitrations.
- 5 Nationality
- 6 Investment
- Preliminary Material
- A Introduction
- B Definition of ‘Investment’ under Treaties
- C Role Played by Arbitral Tribunals in Building upon Treaty Definitions in Relation to Specific Property Interests
- 6.36
- Timing issues—when is an investment made?
- Pre-contract investment
- Place of investment
- The role played by the law of the host State in defining ‘investment’
- Indirect investment
- Investment approval
- 4 Parallel Proceedings
- Part III Substantive Rights
- 7 Treatment of Investors
- Preliminary Material
- 1 Basis and Character of Treatment Obligations
- A The Rule of Law in International Investment Protection
- B The Current Structure of Investor Treatment Provisions
- C Evolution of the Treatment Standards
- D The Process of Interpretation
- 2 Modern Application in Investment Arbitral Awards
- 7.73
- 7.74
- 7.75
- A Fair and Equitable Treatment
- 7.76
- 7.77
- 7.78
- 7.79
- Denial of justice
- Review of administrative action
- Factors which may give rise to a breach of the standard
- Legitimate expectations and the state of the law at the time of investment
- The investor must take foreign law as he finds it
- The effect of specific representations made to the investor
- A legitimate scope for regulatory flexibility
- Due process in administrative decision-making
- Discrimination
- Transparency
- Use of powers for improper purposes
- Inconsistency
- Coercion and harassment by State authorities
- Bad faith
- Factors which may indicate standard not breached
- B Full Protection and Security
- C National Treatment
- D Most Favoured Nation Treatment
- 3 An Approach to the Determination of Contested Rights
- 8 Expropriation
- Preliminary Material
- A Introduction—the Classical Claim and its Modern Elasticity
- B The Absence of a Precise Definition
- C Direct and Indirect Expropriation
- D The Case-by-Case Approach of Tribunals
- E Conclusion
- 9 Compensation
- Preliminary Material
- A Introduction
- B International Law Standards of Compensation for Expropriation
- C Determining the Amount of Compensation
- D Compensation for Non-Expropriatory Breaches of International Law
- E Mitigation
- F Non-Pecuniary Remedies
- G Interest
- H Costs
- I Conclusion
- 7 Treatment of Investors
- Part I Overview
- Further Material
- Appendices
- Appendix 1 North American Free Trade Agreement (Part Five: Investment, Services and Related Matters, Chapter 11: Investment)
- Appendix 2 Energy Charter Treaty (Part III: Investment Promotion and Protection, Articles 10–17)
- Appendix 3 ASEAN Agreement for the Promotion and Protection of Investments (15 December 1987)
- Appendix 4 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of [Country] for the Promotion and Protection of Investments
- Appendix 5 Treaty between the Government of the United States of America and the Government of [Country] Concerning the Encouragement and Reciprocal Protection of Investment (1994)
- Appendix 6 Treaty between the Government of the United States of America and the Government of [Country] Concerning the Encouragement and Reciprocal Protection of Investment (2004)
- Appendix 7 Treaty between the Federal Republic of Germany and [Country] Concerning the Encouragement and Reciprocal Protection of Investments
- Appendix 8 Agreement on Encouragement and Reciprocal Protection of Investments between [ ]and the Kingdom of the Netherlands
- Appendix 9 Agreement between the Government of the Democratic Socialist Republic of Sri Lanka and the Government of [ ] for the Promotion and Protection of Investments
- Appendix 10 Accord entre le Gouvernement de la République Française et le Gouvernement de [ ] sur l’Encouragement et la Protection Réciproques des Investissements (‘France Model BIT’)
- Appendix 11 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID)
- Appendix 12 World Bank Guidelines on the Treatment of Foreign Direct Investment
- Select Bibliography
- Index
