International Challenges in Investment Arbitration
Routledge Research in International Economic Law Series

As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings.

International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

List of Figures

List of Tables

List of Contributors

Preface

Part I: The State in International and Investment Law

1Rethinking the Relevance of Customary International Law to Issues of Nationality in Investment Treaty Arbitration

Javier García Olmedo

2Investment Claims and Annexation of Territory: Where General International Law and Investment Law Collide?

Sebastian Wuschka

3 Exception Clauses in International Investment Agreements: A Case for Systemic Integration?

Tobias Ackermann

4 International Norms: A Defence in Investment Treaty Arbitration?

Dr Dafina Atanasova

5The Right to Regulate: Towards a (Not Entirely) New Regulatory Paradigm under Recent FTA Investment Chapters

Elsa Sardinha

Part II: Investment Arbitration and the European Legal Order

1 A Comparative Law Approach as a Technique for Solving Conflicts between EU law and Investment Arbitration: The Case of the ECtHR.

Blerina Xheraj

2 The Energy Charter Treaty and European Union Law: Mutually Supportive Instruments for Economic Cooperation or Schizophrenia in the ‘Acquis’?

Cees Verburg

3 The Need for Intra-EU Investment Protections

Dr Emily Sipiorski

4 Is One Permanent Instance Enough? A Comparison Between the WTO Appellate Body and the Proposed Investment Court System

Marcus Weiler

Part III: Practical Issues in Investor State Proceedings

1 The Appropriate Use of Bifurcation as a Means for Increasing Efficiency in Investment Arbitration

Dr Jola Gjuzi

2 Effective Management of Mass Claims Arbitration – What We Could Learn from International Tribunals

Katarzyna Barbara Szczudlik

3 The Impact of the Economic and Political Situation Prevailing in the Host State on Compensation and Damages under International Investment Law

Dr Sven Lange

4 The Impact of Third Party Funding on an ICSID Tribunal’s Decision on Security for Costs

Dr Alexander Hoffmann

Rationalising Costs in International Arbitration: A Tall Order?

Neil Kaplan QC CBE SBS

Index

Mesut Akbaba, LL.B., is a Research Assistant at the Center for International Dispute Resolution at Bucerius Law School, Hamburg, Germany.

Giancarlo Capurro, LL.B., is a Law Clerk at the Higher Regional Court of Hamm, Germany.