Arbitration and protection of investments in energy and infrastructure sectors

Guy Block

322 pages, parution le 30/11/2020

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Résumé

This book is dedicated to special and recent issues related to international investment in the Energy and Infrastructure sectors. More than 200 investment awards are analysed, scrutinizing jurisdictional issues, standards of protection of investments (expropriation, Fair and Equitable Treatment, National Treatment, Full Protection and Security, Umbrella claim and Most Favored Nation Treatment), quantum of damages and allocation of costs of arbitration. Another added value of this book is the selection of numerous tests applied by the Arbitration Tribunals and the complex exercise of "entering the minds" of Arbitrators to ascertain the reasoning behind Arbitral awards.

The underlining question addressed is how far the States' rights to regulate go and to which extent the acquired rights of foreign investors are protected?

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Sommaire

Preface
INTRODUCTION
1. Host States' right to regulate against the right of protection of foreign investors

PART I – ISSUES ON JURISDICTION AND ADMISSIBILITY
2. General considerations on jurisdiction and admissibility: The level of duty of care of arbitrators
3. Lack of jurisdiction due to the absence of "protected investments"
4. Tax carve-out: Scope and limits of bona fide taxation
5. Jurisdictional issues related to EU law:The principles of EU autonomy and primacy (the "Achmea rule")
6. Contract claims defence
7. Objection to jurisdiction due to the "fork in the road" clause

PART II – THE MERITS – STANDARDS OF PROTECTION OF FOREIGN INVESTMENTS
8. The level of arbitrators' duties when addressing evidence and stating reasons – due process of law
9. Expropriation
10. Standard of protection of investments in international law
11. The three applicable tests and different reasonings of arbitrators
12. Host State's crisis or public health situations: Defences based on police powers and state of necessity and the impact on damages

PART III – QUANTUM OF DAMAGES
13. Legal principles of compensation on state responsibility

PART IV – COSTS OF ARBITRATION
14. The Costs

Table of cases
Bibliography
Index