Includes bibliographical references and index.

Bilateral investment treaties and investment provisions in regional trade agreements : recent developments in investment rulemaking / Roberto Echandi -- The energy Charter Treaty / Emmanuel Gaillard, Mark McNeill -- International dispute settlement mechanisms : choosing between institutionally supported and Ad Hoc ; and between institutions / Ucheora Onwuamaegbu -- An overview of procedure in an investment treaty arbitration / Barton Legum -- The initiation of proceedings and constitution of tribunals in investment treaty arbitrations / Antonio Parra -- Bi-trifurcation of investment disputes / Baiju S. Vasani -- Piercing the veil of confidentiality : the recent trend towards greater public participation and transparency in investor-state arbitration / Andrea Menaker -- "Equality of arms" in investment arbitration : procedural challenges / Thomas Wälde -- The law applicable in investment treaty arbitration / Yas Banifatemi --
Who is entitled to claim? Nationality challenges / Katia Yannaca-Small -- Definition of "investment" : an open-ended search for a balanced approach / Katia Yannaca-Small -- Burden of proof regarding jurisdiction / Baiju S. Vasani and Timothy L. Foden -- Attribution / Georgios Petrochilos -- Breach of treaty claims and breach of contract claims : is it still unknown territory? / Stanimir Alexandrov -- The MFN clause : what are its limits? / Abby Cohen Smutny, Lee Steven -- Fair and equitable treatment standard / Katia Yannaca-Small -- The national treatment obligation / Andrea Bjorklund -- Indirect expropriation and the right to regulate : how to draw the line / Katia Yannaca-Small -- What about this "umbrella clause"? / Katia Yannaca-Small -- Interim relief in international investment agreements / Gabrielle Kaufmann-Kohler, Aurélia Antonietti -- Damages in investment treaty arbitration / Meg Kinnear --
Compensation : a closer look at cases awarding damages for violation of the fair and equitable treatment standard / Kaj Hobér -- Annulment of ICSID awards : limited scope but is there potential? / Katia Yannaca-Small -- Review of investment treaty awards by municipal courts / Kaj Hobér, Nils Eliasson -- Enforcement of investment awards / August Reinisch --The role of precedent in investment arbitration / Jan Paulsson.
Compensation : a closer look at cases awarding damages for violation of the fair and equitable treatment standard / Kaj Hobér -- Annulment of ICSID awards : limited scope but is there potential? / Katia Yannaca-Small -- Review of investment treaty awards by municipal courts / Kaj Hobér, Nils Eliasson -- Enforcement of investment awards / August Reinisch --The role of precedent in investment arbitration / Jan Paulsson -- A practical guide : research tools in international investment law / Julien Fouret.

Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration.
With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic. "When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition." --Meg Kinnear, ICSID Secretary General