Investment Treaty Arbitration
Judging under Uncertainty

How do arbitrators decide in the face of the uncertainty of the law between alternatives which may be equally justified?

Andrés Rigo Sureda (Author)

9781107022515, Cambridge University Press

Hardback, published 16 April 2012

168 pages
22.9 x 15.2 x 1.1 cm, 0.4 kg

'… the monograph does not go out of bounds and does acknowledge limitations, as in ignoring them one would run the risk of denaturing arbitration itself as a mode of settlement of investment disputes. The monograph is a meticulous attempt at establishing the legitimacy on international investment law and ITA as a branch of public international law. For academicians, students and even practitioners of international investment law, this monograph is a must read.' Pushkar Anand, Indian Journal of International Law

Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency. Andrés Rigo Sureda's Hersch Lauterpacht Memorial Lecture examines how arbitral discretion is exercised in the face of uncertainty of the law. It explores the choices made by arbitral tribunals as they approach treaty interpretation, as they search for limits in determining jurisdiction and the content of the standards of protection and as they search for consistency in the exercise of arbitral discretion.

Introduction
Part I. Discretion: The Search for Meaning: 1. Uncertainty, judicial discretion and policy
2. Treaty interpretation
Part II. The Search for Limits: 3. Form or substance: the nationality of corporate claims
4. Multiple approaches to define investment
5. Legitimate expectations, risk and due diligence
Part III. The Search for Consistency: 6. Principles
7. Precedent
8. Publicists
Conclusion.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Public international law [LBB], Law [L]