Foreign Investment Disputes: Cases, Materials And Commentary

This indispensable handbook is the first legal resource to gather together the most important cases and commentary on the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the basic source material into a well-organised and up-to-date volume covering the full scope of the subject.

The work provides broad coverage of all aspects of foreign investment disputes: the treaty system protecting investments, investment contracts and key clauses, forums for resolving investment disputes, political risk insurance, applicable law, principles of state responsibility, investor rights under investment treaties and customary international law, defenses to investor claims, reparations, procedure and proof, and enforcement of arbitral awards.

Of particular value to practitioners are such features as the following: the most relevant excerpts from the most important cases dealing with foreign investment disputes; questions and comments prepared by the authors, who are senior lawyers and professors with vast experience and expertise in the subject matter; excerpts from decisions of the Overseas Private Investment Corporation interpreting the key terms of political risk insurance policies, and, key clauses in investment contracts.

Foreign Investment Dispute: Cases, Materials and Commentary will be of inestimable value to practitioners in the field, both experienced and novice, as well as to academics. As a well-organised and easy-to-use compilation of the key materials from both case law and secondary sources, it has no peers.

Chapter 1. Foreign Investment Disputes.
Chapter 2. Treaty Schemes for Bilateral Investment Disputes.
Chapter 3. Investment Contracts and Key Clauses.
Chapter 4. Forums for Resolving Foreign Investment Disputes.
Chapter 5. Political Risk Insurance.
Chapter 6. Applicable Substantive Law.
Chapter 7. International Responsibility: General Principles.
Chapter 8. Violations of Investor Rights Under Customary International Law.
Chapter 9. Violation of Investment Rights under Investment Treaties.
Chapter 10. Defences.
Chapter 11. Reparations Recoverable by Foreign Investors in International Law.
Chapter 12. Procedure and Proof: Developing the Case.
Chapter 13. Recognition and Enforcement of International Arbitral Proceedings and Awards