Friday, January 5, 2018

Gaillard & Banifatemi: Jurisdiction in Investment Treaty Arbitration

Emmanuel Gaillard (Shearman & Sterling) & Yas Banifatemi (Shearman & Sterling) have published Jurisdiction in Investment Treaty Arbitration (Juris Publishing 2018). Contents include:
  • Emmanuel Gaillard, Introduction
  • Boaz Moselle, Economics and the Meaning of ‘Investment’
  • Stanimir Alexandrov, Is There a Legal Definition of ‘Investment’?
  • Pierre-Marie Dupuy, About the Definition of an International Investment – The Requirement of a Contribution to the Economic Development of the Host State
  • Stephen M. Schwebel, Does the Consent of the Contracting Parties Govern the Requirement of an ‘Investment’ as Specified in Article 25 of the ICSID Convention?
  • Michael Pokinghorne & Sven-Michael Volkmer, The Legality Requirement in Investment Arbitration
  • Margaret Clare Ryan, Is There a “Nationality” of Investment? Origin of Funds and Territorial Link to the Host State
  • Megan Clifford & Christophe Douaire de Bondy, Determining State Intention when Negotiating and Entering into Investment Treaties – A Canadian Perspective /li>
  • Roberto Echandi-Gurdián, Determining State Intention when Negotiating and Entering into Investment Treaties – A Developing Country Perspective
  • Jae-Hoon Kim, Determining State Intention when Negotiating and Entering into Investment Treaties – A South Korean Perspective
  • Doak Bishop & Margrete Stevens, Jurisdiction Ratione Personae – Is There a Standard Definition of an ‘Investor’ in Investment Treaties?
  • Yas Banifatemi, Taking Into Account Control Under Denial of Benefits Clauses
  • Geneviève Bastid-Burdeau, Defining the Respondent State in Investment Treaty Arbitration: Are There Specific Standards of Jurisdiction?
  • Veijo Heiskanen, Entretemps: Is There a Distinction Between Jurisdiction Ratione Temporis and Substantive Protection Ratione Temporis?
  • Zachary Douglas, When Does an Investment Treaty Claim Arise? An Excursus on the Anatomy of the Cause of Action