International Investment Arbitration

Challenges in Investment Law

Mesut Akbaba, Giancarlo Capurro

• Publisher: Routledge
• Year: 2026
• Print ISBN:
  9781032728179
• Edition: 1
• eBook ISBN:
  9781040964293
• Topic: Law
• Subtopic: International Economics
• Index: Law

This book project, arising from the Second Bucerius Conference on International Investment Law & Arbitration (BCILA), aims to explore diverse methodological approaches to address challenges in investment law and arbitration.

Featuring the work of emerging scholars and practitioners in the field, the book bridges the gap between academic analysis and legal practice in the field of investment arbitration. As a central pillar of international economic law, investment arbitration is extensively utilized worldwide. The book discusses the challenges of managing progressively intricate proceedings whilst investment arbitration undergoes intense public scrutiny amid fervent political discourse. It tackles investment arbitration's constant evolution and provides possible solutions in navigating this evolution.

With both academic and practical applications, this book will be of interest to students, scholars, and practitioners in international investment arbitration, public international and finance law.

Table of contents

• Cover
• Half-Title
• Title
• Copyright
• Contents
• Preface
• Contributors
• Part I Investment Treaties and Challenges in Their Interpretation
• 1 Taxation Measures in ISDS: Cairn v. India and the Principle of Fiscal Sovereignty
• 2 Examining the Effects of Waiver Clauses in International Investment Agreements Under the Domestic Rules Governing In Solidum Liability
• 3 Shareholder Protection Under International Investment Arbitration
• 4 In Favor of Counterclaims by Hosts States in International Investment Proceedings
• Part II The Future of Investment Arbitration in the European Union
• 5 Reconsideration of Intra-EU Decisions in Investment Arbitration: Is the Komstroy Judgment Enough?
• 6 The EU’s Role in Regulating Public Political Risk Investment Insurance
• 7 Foreign Investors’ Access to EU Judicial Review on EU Acts Regarding Foreign Direct Investment Screening
• Part III “Domestic” Law Issues in the International Investment Law Regime
• 8 EU Law as a Matter of Fact: The Implementation of Domestic Law Clauses in EU Investment Protection Agreements
• 9 Procedural Challenges in Investment Arbitration: The Standard of Proof for Corruption
• Part IV Arbitrator Appointments: Challenges and Developments
• 10 To Disclose or Not to Disclose: Addressing Conflicts of Interest in Investment Arbitration Through Zero-Knowledge Proofs
• 11 Party Appointments and Unconscious Bias in Investment Arbitration
• 12 Arbitrator (I Choose You): Practice and Theory of Arbitrator Appointment in Investor-State Dispute Settlement
• Part V Addressing Efficiency and Structural Parity: Procedural Reforms
• 13 Structural Challenges in Investor-State Mediation and How to Overcome Them
• 14 Procedural Discretion in Investment Arbitration
• 15 The Emerging Regulation of Third-Party Funding in Investor-State Dispute Settlement: A Snapshot of the Reform Efforts of ICSID, UNCITRAL, and the European Union
• Index