Arbitrating the Conduct of International Investors

Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.

Introduction; 1. The legal landscape; 2. The four models; 3. Jurisdiction Ratione Personae: the foreign investor; 4. Mass proceedings and settlement agreements; 5. Jurisdiction Ratione Materiae: the substantive rights; 6. Enforcement; Conclusion; Annex I: the model texts; Index.

Jose Daniel Amado is a founding partner of the firm Miranda and Amado in Lima, Perú. He earned his law degree at the Catholic University of Perú and holds an LL.M. from Harvard Law School. Professor Amado is a past scholar-in-residence at Wilmer Cutler Pickering Hale and Dorr LLP and a past visiting fellow of the Lauterpacht Centre for International Law and the Centre of Latin American Studies, University of Cambridge.
Jackson Shaw Kern has acted as counsel across Africa, Asia, Europe and the Americas, where he represents sovereign States, State entities, and State enterprises as well as private interests. He is a past visiting fellow of the Lauterpacht Centre for International Law, Cambridge, and frequent guest lecturer at institutions including the Peking University School of Transnational Law. He is a member of the Bars of New York, Washington, DC, and Montana, and is of counsel to the Addis Law Group LLP.
Martin Doe Rodriguez is Senior Legal Counsel of the International Bureau of the Permanent Court of Arbitration (PCA) at The Hague, where he assists arbitral tribunals constituted under the auspices of the PCA to resolve investment treaty disputes, contract claims involving State entities and international organisations, and inter-State disputes arising under various international conventions and treaties. In addition, he advises and assists the PCA Secretary-General in regard to the roles given to the PCA under the UNCITRAL Arbitration Rules, and is also regularly called upon to assist in the diplomatic work of the PCA with its Member States and other intergovernmental organisations.