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This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
List of contents
Introduction; 1. The legal landscape; 2. The four models; 3. Jurisdiction Ratione Personae: the foreign investor; 4. Mass proceedings and settlement agreements; 5. Jurisdiction Ratione Materiae: the substantive rights; 6. Enforcement; Conclusion; Annex I: the model texts; Index.
About the author
Jose Daniel Amado is a founding partner of the firm Miranda and Amado in Lima, Perú. He earned his law degree at the Catholic University of Perú and holds an LL.M. from Harvard Law School. Professor Amado is a past scholar-in-residence at Wilmer Cutler Pickering Hale and Dorr LLP and a past visiting fellow of the Lauterpacht Centre for International Law and the Centre of Latin American Studies, University of Cambridge.Jackson Shaw Kern has acted as counsel across Africa, Asia, Europe and the Americas, where he represents sovereign States, State entities, and State enterprises as well as private interests. He is a past visiting fellow of the Lauterpacht Centre for International Law, Cambridge, and frequent guest lecturer at institutions including the Peking University School of Transnational Law. He is a member of the Bars of New York, Washington, DC, and Montana, and is of counsel to the Addis Law Group LLP.Martin Doe Rodriguez is Senior Legal Counsel of the International Bureau of the Permanent Court of Arbitration (PCA) at The Hague, where he assists arbitral tribunals constituted under the auspices of the PCA to resolve investment treaty disputes, contract claims involving State entities and international organisations, and inter-State disputes arising under various international conventions and treaties. In addition, he advises and assists the PCA Secretary-General in regard to the roles given to the PCA under the UNCITRAL Arbitration Rules, and is also regularly called upon to assist in the diplomatic work of the PCA with its Member States and other intergovernmental organisations.
Summary
A comprehensive guide for those who might wish to reform international investment law from within by openly allowing for the arbitration of claims submitted by the host state and its nationals. A detailed toolkit, including model texts for treaty and contract, is offered to lawyers, lawmakers and draftsmen.
