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A Practical Guide to Investment Treaties  Asia Pacific
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A Practical Guide to Investment Treaties Asia Pacific

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Overview
To be published July 2015 (LexisNexis) PRE-ORDER NOW!
ISBN: 9780409340709. Soft Cover.
Description

Roberts, B; Feutrill, M; Dharmananda, K

A Practical Guide to Investment Treaties—Asia Pacific provides the reader with an understanding of the essentials of international investment law, as affected by a bilateral or multilateral investment treaty.

The protection of foreign investment under international law is a topic of much interest for nations, treaty negotiators, international arbitration lawyers, arbitrators and academics. The increased growth of investment treaty arbitration can only be described as spectacular as parties seek to enforce the protections afforded under such treaties. The number of States that have been named as respondent in arbitrations brought by foreign investors under investment treaties is steadily increasing. At last count more than half the nations in the world have been named as a respondent.

 

The number of investment treaties concluded by States in the Asia-Pacific region continues to steadily rise, as does the number of investment treaties worldwide.

 

This must have guide provides the reader with an understanding of the essentials of international investment law, as affected by a bilateral or multilateral investment treaty.

 

Together with an analysis of over 500 treaties and their key protections, the text examines the key issues in a practical way. An introduction to the structure, content, and application of investment treaties, with a focus on the experiences and future of this field in the Asia-Pacific region is provided.

 

Practical, concise and accessible the text is a “one-stop shop” for those engaged in (or wanting to engage in) facilitating or encouraging foreign direct investment in Asia-Pacific allowing them to familiarise themselves with the protections afforded by investment treaties and the means by which those protections can be enforced.

 

Features

     •     Overview and introduction to key topics for understanding international investment treaties
     •     Flowcharts enabling easier comprehension of complex concepts
     •     Analysis of over 500 treaties
     •     Practice precedents and online resources

 

 

TABLE OF CONTENTS

     1.     Introduction

 

Provisions Defining Scope and Application of the Treaty

     2.     Provisions Defining Scope and Application of the Treaty

 

Key Standards of Treatment

     3.     Expropriation
     4.     Fair and Equitable Treatment
     5.     Protection and Security
     6.     National Treatment
     7.     Most Favoured Nation Treatment
     8.     Arbitrary, discriminatory or unreasonable impairment
     9.     Umbrella Clauses
   10.     Free Transfer of Funds

 

Dispute Settlement

   11.     Disputes between Contracting States to an Investment Treaty
   12.     Disputes between a Foreign Investor and the Host State
   13.     Compensation, Damages and other Remedies in Investor-State Disputes
   14.     Annulment, Set-Aside and Enforcement of Investor-State Arbitral Awards
   15.     Conclusion

 

Appendix 1 – overview of selected investment treaties in Asia-Pacific

 

Appendix 2 – list of publicly-known investor-State disputes based on a treaty involving parties from Asia-Pacific

 

Appendix 3 – list of publicly-known investor-State disputes based on a contract involving parties from Asia-Pacific

 

Appendix 4 – selected investment treaties

 

Appendix 5 – selected practice precedents

 

AUTHOR

Baxter Roberts LLB (Hons) (UWA) is an associate in the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, based in Paris. He advises investors and States in disputes under investment treaties, as well as corporate clients in international commercial arbitrations.

 

Michael Feutrill LLM (Dist.); LLB; BEc is a barrister at Francis Burt Chambers and Fellow at the Law Faculty at the University of Western Australia, where he co-teaches International Commercial Arbitration and International Investment in Mineral Resources. He has worked in the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, in Paris and is a founding director of the Perth Centre for Energy and Resources Arbitration.

 

Kanaga Dharmananda SC; practices at Francis Burt Chambers and at Fountain Court. He is a fellow at University of Western Australia Law School, teaching International Commercial Arbitration and International Investment in Mineral Resources. He worked previously in international law at the United Nations in Geneva, and with Mitsubishi Corporation in Tokyo. He is a founding director of the Perth Centre for Energy and Resources Arbitration.

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