Contributory Fault and Investor Misconduct in Investment Arbitration

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Contributory Fault and Investor Misconduct in Investment Arbitration
Format:
Bog, hardback
Udgivelsesdato:
11-07-2019
Sprog:
Engelsk
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  • Yderligere info
  • Anmeldelser

Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations.

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Udgivelsesdato:
11-07-2019
ISBN13:
9781108481403
Format:
Hardback
  • Forfattere

  • Bibliotekernes beskrivelse

    No area of law is growing as fast and courting as much controversy as international investment law. Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct. Worked examples or Exercises

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Contributory Fault and Investor Misconduct in Investment Arbitration

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  • Leveringstid 4-6 hverdage
  • Forventet levering 30-10-2019

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