International Investment Arbitration: Challenges in Investment Law

Editors

Mesut Akbaba (Editor), Giancarlo Capurro (Editor)

ISBN: 9781032728179

Published: July 2026

Format: Hardcover

Language: English

Publisher: Routledge

Description

Drawing on the Second Bucerius Conference on International Investment Law & Arbitration (BCILA), this edited volume brings together emerging scholars and practitioners to examine the structural and methodological challenges facing investment arbitration today — a field growing more complex even as it comes under sustained political scrutiny.

Key Features

• Devotes a full part to intra-EU investment arbitration questions after the Komstroy judgment, directly relevant to counsel handling EU-based investor-state disputes.
• Covers emerging procedural tools such as zero-knowledge proofs for arbitrator conflict disclosure — useful for practitioners tracking the frontier of arbitrator independence standards.
• Addresses the standard of proof for corruption allegations in investment arbitration, a recurring and often decisive issue in ISDS proceedings.
• Surveys third-party funding regulation trends across ICSID, UNCITRAL and the EU, relevant to counsel and funders assessing disclosure obligations.

Coverage

Investment treaty interpretation and taxation measures in ISDS; the future of investment arbitration within the EU; domestic law issues in international investment law; arbitrator appointment challenges and unconscious bias; procedural reform for efficiency and structural parity, including third-party funding.

About the Authors

Edited by Mesut Akbaba and Giancarlo Capurro, with contributions from emerging scholars and practitioners across the investment arbitration field, several with direct institutional affiliations including ICSID, universities and major arbitration practices.

Table of Contents

Part I: Investment Treaties and Challenges in Their Interpretation (taxation measures in ISDS, waiver clauses, shareholder protection, counterclaims by host states) — Part II: The Future of Investment Arbitration in the European Union (post-Komstroy intra-EU decisions, EU public political risk insurance, foreign investors' access to EU judicial review) — Part III: "Domestic" Law Issues in the International Investment Law Regime (EU law as fact, standard of proof for corruption) — Part IV: Arbitrator Appointments — Challenges and Developments (zero-knowledge proofs for conflict disclosure, unconscious bias in party appointments, theory and practice of arbitrator appointment) — Part V: Addressing Efficiency and Structural Parity — Procedural Reforms (investor-state mediation, procedural discretion, third-party funding regulation at ICSID, UNCITRAL and the EU).

Why buy this book?

Investment arbitration is evolving fast — under political pressure, EU intra-BIT disputes, and new funding scrutiny — and this volume gathers the next generation of scholars and practitioners tackling exactly those live issues, from Komstroy's aftermath to arbitrator conflict disclosure. For firms and institutions building an investment arbitration practice or collection, it captures where the field's genuine debates are happening today, not a restatement of settled doctrine.

Keywords

international investment arbitration, ISDS, investor-state dispute settlement, intra-EU BIT disputes, third-party funding arbitration, arbitrator conflicts of interest, investment treaty interpretation

Target Audience

Investment arbitration practitioners, investment treaty lawyers, ICSID and UNCITRAL practitioners, academic law libraries

Genre

International Investment Law, Arbitration

Q&A

What is the Bucerius Conference (BCILA) connection to this book?
The volume grew out of the Second Bucerius Conference on International Investment Law & Arbitration, gathering emerging scholars and practitioners on current challenges in the field.

Does the book address intra-EU investment arbitration disputes?
Yes — Part II is devoted to the future of investment arbitration within the EU, including the aftermath of the Komstroy judgment.

Is third-party funding covered?
Yes — Part V surveys emerging third-party funding regulation across ICSID, UNCITRAL and the EU.

Does it address arbitrator conflicts of interest?
Yes — Part IV covers arbitrator appointment challenges, including new disclosure tools such as zero-knowledge proofs and unconscious bias in party appointments.

Where can I buy International Investment Arbitration: Challenges in Investment Law?
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