Investment treaty arbitration as public international law
Subtitle: procedural aspects and implications
By: Eric De Brabandere
Series: Cambridge studies in international and comparative law; Cambridge studies in international and comparative law
Publisher: Cambridge University Press
Published: 2014
Place of publication: New York
Language: eng
Subjects: LAW / Administrative Law & Regulatory Practice; International commercial arbitration; Investments, Foreign (International law); Foreign Investments; Law and legislation; Commercial treaties; LAW / International
Description: "Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, the private interests in international investment relations remain in conflict with the need for the recognition of the public international law features of the arbitral procedure. This book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject. Eric De Brabandere examines the procedural implications of conceiving of investment treaty arbitration in such a way, with regards to issues such as the principles of confidentiality and privacy, and remedies. The author demonstrates how the public international law character of investment treaty arbitration derives from and has impacted upon the dispute settlement procedure"--

"Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, the private interests in international investment relations remain in conflict with the need for the recognition of the public international law features of the arbitral procedure. This book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject"--
Table of contents: title: Machine generated contents note: Introduction; Part I. The Public International Law Character of Investment Treaty Arbitration: 1. The public international law foundation of investment treaty arbitration; 2. The legal character of the direct access of foreign investors to investment treaty arbitration; Part II. Procedural Aspects and Implications of the Public International Law Character of Investment Treaty Arbitration: 3. The role, function and qualifications of arbitrators in investment treaty arbitration; 4. The applicable law and non-investment considerations in investment treaty arbitration; 5. Transparency and public access in investment treaty arbitration; 6. Public international law remedies in investment treaty arbitration; Conclusion.