The Future Of Investor State Dispute Settlement

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Investor-State Dispute Settlement and National Courts

Author : Gabrielle Kaufmann-Kohler
Publisher : Springer
ISBN 13 : 9783030441630
Total Pages : 117 pages
Book Rating : 4.4/5 (416 download)

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Book Synopsis Investor-State Dispute Settlement and National Courts by : Gabrielle Kaufmann-Kohler

Download or read book Investor-State Dispute Settlement and National Courts written by Gabrielle Kaufmann-Kohler and published by Springer. This book was released on 2020-08-08 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

The Future of Investor-State Dispute Settlement

Author : Ben Beaumont
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547731
Total Pages : 255 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Future of Investor-State Dispute Settlement by : Ben Beaumont

Download or read book The Future of Investor-State Dispute Settlement written by Ben Beaumont and published by Kluwer Law International B.V.. This book was released on 2024-02-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.

Handbook of International Investment Law and Policy

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

Reshaping the Investor-State Dispute Settlement System

Author : Jean E. Kalicki
Publisher : Hotei Publishing
ISBN 13 : 9004291105
Total Pages : 1043 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Reshaping the Investor-State Dispute Settlement System by : Jean E. Kalicki

Download or read book Reshaping the Investor-State Dispute Settlement System written by Jean E. Kalicki and published by Hotei Publishing. This book was released on 2015-02-12 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

The Return of the Home State to Investor-State Disputes

Author : Rodrigo Polanco
Publisher : Cambridge University Press
ISBN 13 : 1108473385
Total Pages : 373 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Return of the Home State to Investor-State Disputes by : Rodrigo Polanco

Download or read book The Return of the Home State to Investor-State Disputes written by Rodrigo Polanco and published by Cambridge University Press. This book was released on 2019-01-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

ASEAN and the Reform of Investor-State Dispute Settlement

Author : Calamita, Nicolas J.
Publisher : Edward Elgar Publishing
ISBN 13 : 1802208259
Total Pages : 304 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis ASEAN and the Reform of Investor-State Dispute Settlement by : Calamita, Nicolas J.

Download or read book ASEAN and the Reform of Investor-State Dispute Settlement written by Calamita, Nicolas J. and published by Edward Elgar Publishing. This book was released on 2022-07-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.

Investor-State Dispute Settlement and National Courts

Author : Gabrielle Kaufmann-Kohler
Publisher : Springer Nature
ISBN 13 : 3030441644
Total Pages : 125 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Investor-State Dispute Settlement and National Courts by : Gabrielle Kaufmann-Kohler

Download or read book Investor-State Dispute Settlement and National Courts written by Gabrielle Kaufmann-Kohler and published by Springer Nature. This book was released on 2020-01-01 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

The Investor-State Dispute Settlement System

Author : Alan M. Anderson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

The Political Economy of the Investment Treaty Regime

Author : Jonathan Bonnitcha
Publisher : Oxford University Press
ISBN 13 : 019871954X
Total Pages : 354 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Political Economy of the Investment Treaty Regime by : Jonathan Bonnitcha

Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha and published by Oxford University Press. This book was released on 2017 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.

The Future of International Courts

Author : Avidan Kent
Publisher : Routledge
ISBN 13 : 042987216X
Total Pages : 284 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Future of International Courts by : Avidan Kent

Download or read book The Future of International Courts written by Avidan Kent and published by Routledge. This book was released on 2019-02-26 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.

Public Actors in International Investment Law

Author : Catharine Titi
Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Actors in International Investment Law by : Catharine Titi

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Investor-State Dispute Settlement

Author : Scott Miller
Publisher : Rowman & Littlefield
ISBN 13 : 1442240733
Total Pages : 40 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Investor-State Dispute Settlement by : Scott Miller

Download or read book Investor-State Dispute Settlement written by Scott Miller and published by Rowman & Littlefield. This book was released on 2015-02-02 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State Dispute Settlement (ISDS) is a provision in Bilateral Investment Treaties (BITs) and other international investment agreements that allows investors to enter arbitration with states over treaty breaches. This report is an empirical review of ISDS, based on the record of disputes under existing investment treaties.

The Rise of Investor-state Arbitration

Author : Taylor St. John
Publisher : Oxford University Press
ISBN 13 : 0198789912
Total Pages : 300 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Rise of Investor-state Arbitration by : Taylor St. John

Download or read book The Rise of Investor-state Arbitration written by Taylor St. John and published by Oxford University Press. This book was released on 2018 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.

The Future of Investment Arbitration

Author : Catherine A. Rogers
Publisher : Oxford University Press
ISBN 13 : 0195371801
Total Pages : 404 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Future of Investment Arbitration by : Catherine A. Rogers

Download or read book The Future of Investment Arbitration written by Catherine A. Rogers and published by Oxford University Press. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars. The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy. The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.

International Investment Law and Arbitration

Author : Borzu Sabahi
Publisher : BRILL
ISBN 13 : 9004363033
Total Pages : 70 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Law and Arbitration by : Borzu Sabahi

Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 430 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-21 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Investor-State Arbitration

Author : Christopher Dugan
Publisher : Oxford University Press
ISBN 13 : 019979572X
Total Pages : 818 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Investor-State Arbitration by : Christopher Dugan

Download or read book Investor-State Arbitration written by Christopher Dugan and published by Oxford University Press. This book was released on 2011-11-25 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.