The International Law of Investment Claims

This book is a codification of the principles and rules relating to the prosecution of investment claims.

Zachary Douglas (Author)

9780521855679, Cambridge University Press

Hardback, published 11 June 2009

684 pages
23.4 x 15.5 x 3.4 cm, 1.18 kg

'Douglas' book certainly is an important contribution to the development of international investment law … the theses presented by Douglas hopefully will initiate a vivid academic discussion.' Jan Asmus Bischoff, International and European Law Book Reviews Online

The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

1. The juridical foundations of investment treaty arbitration
2. Applicable laws
3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
4. Consent to the arbitration of investment disputes
5. Investment
6. Jurisdiction ratione materiae
7. Jurisdiction ratione personae
8. Jurisdiction ratione temporis
9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
10. Admissibility: contractual choice of forum
11. Admissibility: shareholder claims
12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment
13. Denial of benefits.

Subject Areas: Settlement of international disputes [LBH], Investment treaties & disputes [LBBM3], Public international law [LBB]