| Description |
1 online resource (1 volume) |
| Contents |
Cover; Half-title; Title page; Copyright information; Table of Contents; Foreword; Acknowledgements; Table of Arbitral Awards and Case Reports; Arbitral Awards (Investment Arbitrations); Case Reports (Domestic); Case Reports (International); Other Arbitral Documents; Table of Statutes, Treaties, and Other Documents; Statutes; Treaties; Other Documents; 1 A Schematic of International Investment Law; 1 Restating Contributory Fault and Investor Misconduct in International Investment Law; 2 Causes of Action and Defences -- Jurisdiction; 2.1 The Conditions of the Host State's Consent |
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2.2 The Conditions of the Investor's Consent2.3 The Jurisdictional Questions -- Answers and their Consequences; 3 Causes of Action and Defences -- Admissibility; 3.1 Rules of Admissibility for Causes of Action and Defences; 3.2 The Admissibility Questions -- Answers and their Consequences; 4 Causes of Action and Defences -- Liability; 5 Remedies -- Jurisdiction, Availability, and Measurement; 6 Conclusion; 2 A Definition of Defence; 1 Defining Defence; 1.1 Relation to Liability Question; 1.2 Correlative Relationship to a Liability Rule; 1.3 External Legal Element |
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1.4 Restriction of Definitional Scope1.5 Respondent's Burden of Proof; 1.6 Legal Function of Defences: Elimination or Reduction of Liability; 1.6.1 The Province of the Law of Remedies; 1.6.2 The Province of the Law of Liability; 2 Classification of Legal Elements; 2.1 Identifying the Minimum Legal Elements for Liability Rules; 2.2 Minimum Legal Elements for Liability Rules in International Investment Law; 2.3 Access to Evidence; 3 Identifying Defences; 4 Excuses and Justifications; 5 Distinguishing Defences from Other Legal Concepts; 5.1 Defences and Denials |
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5.1.1 Possible Denials of a Cause Legal Element5.1.2 Comparison of 'Denials of Cause' Legal Element to Contributory Fault Defences; 5.2 Defences and Exceptions; 5.3 Defences and Claim Admissibility Rules; 5.3.1 First Practical Distinction: Different Consequences; 5.3.2 Second Practical Distinction: Potential Disregard of Claim Admissibility Rule; 5.4 Defences and Jurisdictional Rules; 5.5 Defences and Remedy Rules; 6 Conclusion; 3 A Theory of Causation for International Investment Law; 1 The Significance of Causation for Contributory Fault |
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2 The Factual-Legal Cause Theory in International Investment Law2.1 Factual Causation; 2.2 Legal Causation; 2.2.1 Legal Causation in Domestic Law; 2.2.2 Legal Causation for Factual Cause of Claimants in International Law; 3 Critique of the Factual-Legal Cause Theory; 3.1 The Fault Aspect as the Antecedent; 3.2 Causal Overdetermination; 3.2.1 The Problems of Causal Duplication and Causal Pre-emption; 3.2.2 The Solutions for Cases of Causal Duplication and Causal Pre-emption; 3.3 The Problems of Legal Causation; 4 A New Theory of Causation for International Investment Law; 4.1 Potential Causes |
| Summary |
"Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Investments, Foreign (International law)
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International commercial arbitration.
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Negligence, Contributory.
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negligence.
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LAW -- International.
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International commercial arbitration
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Investments, Foreign (International law)
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Negligence, Contributory
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| Form |
Electronic book
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| ISBN |
9781108630511 |
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1108630510 |
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