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Arbitration and Protection of Investments in Energy and Infrastructure Sectors
This book is dedicated to special and recent issues related to international investment in the Energy and Infrastructure sectors. More than 200 investment awards are analysed, scrutinizing jurisdictional issues, standards of protection of investments (expropriation, Fair and Equitable Treatment, National Treatment, Full Protection and Security, Umbrella claim and Most Favored Nation Treatment), quantum of damages and allocation of costs of arbitration. Another added value of this book is the selection of numerous tests applied by the Arbitration Tribunals and the complex exercise of “entering the minds” of Arbitrators to ascertain the reasoning behind Arbitral awards.
The underlining question addressed is how far the States’ rights to regulate go and to which extent the acquired rights of foreign investors are protected?
Digital version available on :
- Strada lex Belgium
- Strada lex Luxemburg
- Strada lex Europa
You have a subscription? Activate the digital version for free with the code in the book.
| Type of product | Book |
|---|---|
| Format | Paperback |
| EAN / ISSN | 9782802767701 |
| Weight | 514 g |
| Status | Available |
| Number of pages | 322 p. |
| Access to exercice | No |
| Publisher | Larcier |
| Language | English |
| Publication Date | Nov 30, 2020 |
| Available on Strada Belgique | Yes |
| Available on Strada Europe | Yes |
| Available on Strada Luxembourg | Yes |
Preface
INTRODUCTION
1. Host States’ right to regulate against the right of protection of foreign investors
PART I – ISSUES ON JURISDICTION AND ADMISSIBILITY
2. General considerations on jurisdiction and admissibility: The level of duty of care of arbitrators
3. Lack of jurisdiction due to the absence of "protected investments"
4. Tax carve-out: Scope and limits of bona fide taxation
5. Jurisdictional issues related to EU law:The principles of EU autonomy and primacy (the "Achmea rule")
6. Contract claims defence
7. Objection to jurisdiction due to the "fork in the road" clause
PART II – THE MERITS – STANDARDS OF PROTECTION OF FOREIGN INVESTMENTS
8. The level of arbitrators’ duties when addressing evidence and stating reasons – due process of law
9. Expropriation
10. Standard of protection of investments in international law
11. The three applicable tests and different reasonings of arbitrators
12. Host State’s crisis or public health situations: Defences based on police powers and state of necessity and the impact on damages
PART III – QUANTUM OF DAMAGES
13. Legal principles of compensation on state responsibility
PART IV – COSTS OF ARBITRATION
14. The Costs
Table of cases
Bibliography
Index