The Award in International Investment Arbitration

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.

Contents:

Contents:
Part I: Key Aspects And Types Of Investment Awards
1. What Is an Award? Concept, Content, Drafting, Effects Catherine Titi
2. The Award on Jurisdiction and Merits Giorgio Sacredoti and Carlo de Stafano
3. Compensation Kaj Hober
4. The Cost Award Susan Franck and Bailey Roe
5. Consent Awards Gabriel Bottini
6. Draft Awards: Twirling Curls on a Bald Head Friedl Weiss
Part II Procedural Principles
7. The Legal Nature of the Treaty-Based Consent to Investment Arbitration Martin Gronemann and Marcus Krajewski
8. Burden and Standard of Proof on Jurisdiction Christoph Schreuer
9. On the Adjudicative Discretion of Investment Arbitrators: Between ne ultra petita, ne infra petita, and jura novit curia Atilla M Tanzi
10. Equality of Arms Lukas Vanhonnaeker
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 Crina Baltag
12. The Applicable Law in Investor-State Dispute Settlement George A Bermann
13. The Interpretation of Exceptions Ursula Kriebaum and Kilian Wagner
14. The Role of Human Rights in Investment Awards Diane A Desierto
15. Counterclaims: Trends and Perspectives Mohamed S Abdel Wahab
16. Investment Tribunals’ Search for the Truth and Its Impact on the Arbitral Award Nigel Blackaby and Maria Julia Milesi
17. The Impact of Expert Legal Opinions: A NAFTA Chapter 11 Case Study Celine Levesque and Christian Schmid
Part IV Award Drafting
18. Tribunal Dynamics and Arbitral Deliberations Yves Derains
19. The Role of Tribunal Secretaries in the Drafting of Investment Awards Claudia Frutos-Peterson, Marat Umerov and Marija Ozolins
20. The Reasoned Award Bruno Simma and Jan Ortigies
21. To Err Is Human, to Dissent Divine Charles N Brower and Ahmed Mazlom
22. An Empirical Analysis of Legal Reasoning: Comparing Investment Arbitration and International Commercial Arbitration SI Strong

Part V Review And Enforcement
23. Annulment and Set-AsideSteffen Hindelang and Julia Nassl
24. Review beyond Annulment: Correction, Additional Awards, Clarification, and Revision Karsten Nowrot and emily Sipiorski
25. The Appeal in International Investment Arbitration Julien Chaisse
26. Recognition and Enforcement of ICSID Convention Awards Marc Bungenberg, Andres E Alvarado-Garzon and Bianca Bohme
27. Recognition and Enforcement of Non-ICSID Convention Awards Giuditta Cordero-Moss

Part VI Cross-Cutting Issues
28. The Investment Award in a Historical Perspective Valentina Vadi
29. Empirical Dimensions of Investment Awards Rodrigo Polanco
30. Gender and Investment Awards Patricia Nacimiento and Andres E Alvarado-Garzon
31. The Visible and Invisible Footprint of New Technologies in Investment Awards Katia Fach Gomez

Subjects:
International Investment Law, Arbitration, and Alternative Dispute Resolution

Keywords: international investment arbitration, investment awards, arbitration law, dispute resolution, investment law, legal reasoning, tribunal dynamics, award drafting, human rights, enforcement of awards