Cambridge Studies in International and Comparative Law: Series Number 112: Investment Treaty Arbitration as Public International Law: Procedural Aspects and Implications

Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, tensions remain between the private interests in international investment relations and the public international law features of the arbitral procedure. This book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject. Eric De Brabandere examines the procedural implications of conceiving of investment treaty arbitration in such a way, with regard to issues such as the principles of confidentiality and privacy, and remedies. The author demonstrates how the public international law character of investment treaty arbitration derives from, and has impacted upon, the dispute settlement procedure.

Introduction; Part I. The Public International Law Character of Investment Treaty Arbitration: 1. The public international law foundation of investment treaty arbitration; 2. The legal character of the direct access of foreign investors to investment treaty arbitration; Part II. Procedural Aspects and Implications of the Public International Law Character of Investment Treaty Arbitration: 3. The role, function and qualifications of arbitrators in investment treaty arbitration; 4. The applicable law and non-investment considerations in investment treaty arbitration; 5. Transparency and public access in investment treaty arbitration; 6. Public international law remedies in investment treaty arbitration; Conclusion.