Overview

The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

Full Product Details

Author:   Katia Fach Gómez (Senior Lecturer in Private International Law, Senior Lecturer in Private International Law, University of Zaragoza) ,  Catharine Titi (Tenured Research Associate Professor, Tenured Research Associate Professor, French National Centre for Scientific Research)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.50cm , Height: 3.20cm , Length: 25.00cm
Weight:   1.264kg
ISBN:  

9780192872968

ISBN 10:   0192872966
Pages:   592
Publication Date:   26 September 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

PART I: KEY ASPECTS AND TYPES OF INVESTMENT AWARDS 1: What Is an Award? Concept, Content, Drafting, Effects 2: The Award on Jurisdiction and Merits 3: Compensation 4: The Cost Award 5: Consent Awards 6: Draft Awards: Twirling Curls on a Bald Head PART II: PROCEDURAL PRINCIPLES 7: The Legal Nature of the Treaty-Based Consent to Investment Arbitration 8: Burden and Standard of Proof on Jurisdiction 9: On the Adjudicative Discretion of Investment Arbitrators: Between ne ultra petita, ne infra petita, and jura novit curia 10: Equality of Arms PART III: THE CONTENT OF INVESTMENT AWARDS 11: The Relevance of the Facts in Complex Investor-State Arbitration Proceedings: Reflections on the Drafting of Arbitral Awards 12: The Applicable Law in Investor-State Dispute Settlement 13: The Interpretation of Exceptions 14: The Role of Human Rights in Investment Awards 15: Counterclaims: Trends and Perspectives 16: Investment Tribunals Search for the Truth and Its Impact on the Arbitral Award 17: The Impact of Expert Legal Opinions: A NAFTA Chapter 11 Case Study PART IV: AWARD DRAFTING 18: Tribunal Dynamics and Arbitral Deliberations 19: The Role of Tribunal Secretaries in the Drafting of Investment Awards 20: The Reasoned Award 21: To Err Is Human, to Dissent Divine 22: An Empirical Analysis of Legal Reasoning: Comparing Investment Arbitration and International Commercial Arbitration PART V: REVIEW AND ENFORCEMENT 23: Annulment and Set-Aside 24: Review beyond Annulment: Correction, Additional Awards, Clarification, and Revision 25: The Appeal in International Investment Arbitration 26: Recognition and Enforcement of ICSID Convention Awards 27: Recognition and Enforcement of Non-ICSID Convention Awards PART VI: CROSS-CUTTING ISSUES 28: The Investment Award in a Historical Perspective 29: Empirical Dimensions of Investment Awards 30: Gender and Investment Awards 31: The Visible and Invisible Footprint of New Technologies in Investment Awards

Reviews

"Professors Fach Gómez and Titi have compiled a superb volume ranging from the technical ""nuts and bolts"" of Award writing to the more esoteric aspects of Awards in investment arbitration practice. Every chapter is well-written and insightful and will contribute to the issuance of comprehensive yet comprehensible, succinct, correct and fair decisions that can withstand scrutiny by the many audiences who read it. * Meg Kinnear, Independent Arbitrator and ICSID Secretary-General (2009-2024) * This comprehensive volume makes a significant contribution to investment arbitration scholarship. Authored by a group of leading academics and practitioners in investment arbitration, this book offers in-depth analysis and diverse perspectives regarding the award in investment arbitration. It is an essential read for investment arbitration students and practitioners alike. * Gary Born, Chair of the International Arbitration Practice Group at WilmerHale * This work covers much more than the title suggests, which, given the list of eminent contributors, should not come as a surprise: it deals with all aspects of investment arbitration and is a must read for anyone interested in investment arbitration. * Franco Ferrari, Clarence D Ashley Professor of Law, Director, Center for Transnational Litigation, Arbitration, and Commercial Law at NYU School of Law * This is a superb, innovative, and indispensable collection on the all-important topic of the arbitral award. The contributions from renowned experts are top-notch and destined to be influential for all investment arbitration stakeholders. * Andrea Bjorklund, Professor and L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University Faculty *"

Author Information

Katia Fach Gómez, Dr iur., LLM, is a tenured lecturer (Profesora Titular) of private international law at the University of Zaragoza (Spain). She is author of several legal books, book chapters, and articles published in English, Spanish, and German. She holds a European PhD summa cum laude and an LLM from Fordham University (NY) (summa cum laude and Edward J. Hawk prize). She has been designated by the Kingdom of Spain as conciliator in the ICSID Panel of Conciliators (2020-2026), acts as independent arbitrator and mediator in international and domestic disputes and has been involved in key international litigation cases in the USA and Europe. Her specialist research areas include international investment law, international arbitration and ADR, international contract law, and international technology law. Catharine Titi, Dr iur., FCIArb, is a tenured research associate professor at the French National Centre for Scientific Research (CNRS) and the CERSA, University Paris-Panthéon-Assas, France. She is Co-Chair of the Academic Forum on ISDS and serves on the Board of the European Society of International Law (ESIL) and the Scientific Committee of the UNESCO Chair on Threats to Cultural Heritage. She is appointed to the roster of the United States-Mexico-Canada Agreement's (USMCA) Annex 31-B panellists. Catharine holds a PhD in law (summa cum laude, Rolf H. Brunswig PhD Prize). In 2016, she was awarded the prestigious Smit-Lowenfeld Prize of the International Arbitration Club of New York. Her work focuses on public international law, the settlement of international disputes, international investment law and arbitration, and cultural heritage law.

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