The Reasons Requirement in International Investment Arbitration: Critical Case Studies

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This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or “reverse engineer” the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.

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Product Details

  • ISBN-13: 9789004166325
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 6/27/2008
  • Pages: 364
  • Product dimensions: 6.10 (w) x 9.30 (h) x 1.10 (d)

Meet the Author

Guillermo Aguilar Alvarez, who served as chief NAFTA negotiator for Mexico, is a partner at Weil, Gotshal & Manges in New York.

W. Michael Reisman is the McDougal Professor of International Law at the Yale Law School.

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Table of Contents

Ch. 1 How Well Are Investment Awards Reasoned? Guillermo Aguilar Alvarez Alvarez, Guillermo Aguilar W. Michael Reisman Reisman, W. Michael 1

Ch. 2 The Final Award in Mondev International v. United States of America Julien Cantegreil Cantegreil, Julien 33

Ch. 3 The Final Award in Feldman v. Mexico Dennis Clare Clare, Dennis 63

Ch. 4 The Decision on Liability in LG&E v. Argentina Rocio Digon Digon, Rocio 117

Ch. 5 The Award in Saluka Investments v. Czech Republic George Stephanov Georgiev Georgiev, George Stephanov 149

Ch. 6 The Decision on Jurisdiction in Tokios Tokeles v. Ukraine Nartnirun Junngam Junngam, Nartnirun 191

Ch. 7 The Final Award in Occidental v. Ecuador Aloysius P. Llamzon Llamzon, Aloysius P. 211

Ch. 8 The Awards in Wena Hotels Limited v. Arab Republic of Egypt Julie Maupin Maupin, Julie 231

Ch. 9 The Award in Thunderbird v. Mexico Santiago Montt Montt, Santiago 261

Ch. 10 The Final Award in Loewen v. United States Dirk Pulkowski Pulkowski, Dirk 291

Ch. 11 The Award in Petrobart Limited v. Kyrgyz Republic Galina Zukova Zukova, Galina 323

Table of Legal Instruments 349

Table of Cases 357

Index 361

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