Arbitration and protection of investments in energy and infrastructure sectors (édition en anglais)

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.