The Investment Treaty Arbitration Review fulfils an essential function. Updated every year, it provides a current perspective on a quickly evolving topic. Organised by topic rather than by jurisdiction, it allows readers to access rapidly not only the most recent developments on a given subject – from jurisdictional and procedural issues to damages and much more – but also the debate that led to and the context behind those developments.
In this book:
Overviews
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Editor's Preface
Bart Legum
Honlet Legum Arbitration
Part I Jurisdiction
- Covered Investment
- Covered Investors
- Ratione Temporis
Part II Admissibility and Procedural Issues
- Admissibility
- Bifurcation
- Objection of Manifest Lack of Legal Merit of Claims under the ICSID Arbitration Rules
- Parallel Proceedings in the Context of ISD Arbitration
- Provisional Measures
- Evidence and Proof
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Evolution of the Third-Party Funder
- Challenges to Arbitrators Under the ICSID Convention and Rules
- Challenging Arbitrators in Investment Arbitration: the Non-ICSID Framework
Part III Practical and Systemic Issues
- Investor-State Mediation
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The Role of Precedent in Investment Treaty Arbitration
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Treaty Interpretation in Investment Treaty Arbitrations
- Applicable Law in Investment Treaty Arbitration
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Res judicata
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The Choice of the Seat in Investment Arbitration
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Attribution of Acts or Omissions to the State
- Counterclaims
Part IV Substantive Protections
- Fair and Equitable Treatment
- National Treatment in International Investment Law
- Expropriation
- Most-Favoured Nation Treatment
- Full Protection and Security
- Observance of Obligations
- Legal Defences to Claims
Part V Damages
- Compensation for Expropriation
- Damages for Violations other than Expropriation
- The Discounted Cash Flow Method of Valuing Damages in Arbitration
- Considerations for the Valuation of Energy Assets in Arbitration
- Causation
- Contributory Fault, Mitigation and other Defences to Damages
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Country Risk
- Choosing the Appropriate Valuation Approach for Damages Assessment
Part VI Post-Award Remedies
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Annulment of Investment Arbitration Awards
- Enforcement of Awards
- The Impact of EU State Aid Decisions on Investment Treaty Awards
Part VII Multi-Lateral Treaties
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Energy Charter Treaty
- Unravelling NAFTA and Entering the USMCA Era
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Investor–State Arbitration and the 'Next Generation' of Investment Treaties
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The Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- European Law and Investment Treaties
Part VIII Industries
- Construction and Infrastructure
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Expert Role in Causation Analysis for Energy Transition-Related Arbitration
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Investment Treaty Disputes in the Life Sciences Industry
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Transportation Arbitrations and Complexities in Estimating Damages
Bart Legum, Honlet Legum Arbitration
Barton Legum is a founding partner at Honlet Legum Arbitration. He concentrates on international arbitration, both commercial and investor-state. He has over 30 years' experience as arbitrator, counsel and expert witness. His case experience spans a wide variety of sectors, including energy, mining and construction. He is frequently appointed in cases involving states, state enterprises and disputes between businesses.
Bart is a board member of the Stockholm Chamber of Commerce's Arbitration Institute and a past chair of the American Bar Association's Section of International Law.
In addition to private practice at prominent international law firms, Bart has served as a law clerk to a US Court of Appeals judge and in the Office of the Legal Adviser of the US State Department. In the latter role, he acted as lead counsel for the US government in defending the first arbitrations against it under the investment chapter of the North American Free Trade Agreement. The United States won every case heard under his tenure.
As well as being the editor of The Investment Treaty Arbitration Review, Bart was the editor of International Litigation Strategies and Practice. He publishes often on international dispute resolution topics and frequently speaks at conferences on international arbitration and litigation.
