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1st Edition

International Investment Arbitration Challenges in Investment Law

Edited By Mesut Akbaba, Giancarlo Capurro Copyright 2027

280 Pages 2 B/W Illustrations

by Routledge

Description

This book project, arising from the Second Bucerius Conference on International Investment Law & Arbitration (BCILA), aims to explore diverse methodological approaches to address challenges in investment law and arbitration. Featuring the work of emerging scholars and practitioners in the field, the book bridges the gap between academic analysis and legal practice in the field of investment... Read more

Table of Contents

Part I: Investment Treaties and Challenges in Their Interpretation

1. Taxation Measures in ISDS: Cairn v. India and the Principle of Fiscal Sovereignty

Pratyush Panjwani

2. Examining the Effects of Waiver Clauses in International Investment Agreements Under the Domestic Rules Governing In solidum Liability

Mohamed S. Elzomor and Mohamed A. El Sherif

3. Shareholders Protection Under International Investment Arbitration

Tilbe Birengel

4. In Favour of Counterclaims by Hosts States in International Investment Proceedings

Carlo de Stefano

Part II: The Future of Investment Arbitration in the European Union

5. Reconsideration of Intra-EU Decisions in Investment Arbitration: Is the Komstroy Judgment Enough?

Iván Levy

6. The EU’s Role in Regulating Public Political Risk Investment Insurance

Nataša Vujinović

7. Foreign Investors’ Access to EU Judicial Review on EU Acts Regarding Foreign Direct Investment Screening

Yang Wan

Part III: “Domestic” Law Issues in the International Investment Law Regime

8. EU Law as a Matter of Fact: The Implementation of Domestic Law Clauses in EU Investment Protection Agreements

Bianca Böhme

9. Procedural Challenges in Investment Arbitration: The Standard of Proof for Corruption

Lilit Nagapetyan

Part IV: Arbitrator Appointments: Challenges and Developments

10. To Disclose or Not to Disclose: Addressing Conflicts of Interest in Investment Arbitration through Zero-Knowledge Proofs

Nihan Kır

11. Party Appointments and Unconscious Bias in Investment Arbitration

Sanjana Sharma

12. Arbitrator (I Choose You): Practice and Theory of Arbitrator Appointment in Investor-State Dispute Settlement

Agata Daszko

Part V: Addressing Efficiency and Structural Parity: Procedural Reforms

13. Structural Challenges in Investor-State Mediation and How to Address Them

Gerlind Wolf

14. Procedural Discretion in Investment Arbitration

Hannah Grandits

15. The Emerging Regulation of TPF in ISDS: A Snapshot of the Reform Efforts of ICSID, UNCITRAL, and the European Union

Anton Burri-Wenzel

Editor(s)

Biography

Mesut Akbaba is a German-qualified attorney and doctoral candidate in international arbitration at Bucerius Law School.

Giancarlo Capurro is a German-qualified attorney and Legal Counsel at Statkraft specializing in the fields of construction, energy and dispute resolution.

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