Safeguarding Investment: The Essential Guide to Protection of Legitimate Expectations in Investment Treaty Arbitration

In the complex and evolving landscape of international investment law, the protection of legitimate expectations plays a pivotal role in safeguarding the rights of investors and ensuring the stability of investment climates. Protection of Legitimate Expectations in Investment Treaty Arbitration is an authoritative and comprehensive analysis of this critical principle, providing invaluable guidance for investors, counsel, and tribunals navigating the complexities of investment treaty arbitration.

Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance

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Language	:	English
File size	:	1404 KB
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Authored by renowned experts in the field, this book offers a thorough examination of the concept of legitimate expectations, its legal basis, and its application in investment treaty arbitration. With meticulous analysis and extensive case studies, it explores the essential elements of legitimate expectations, including:

• The nature and scope of legitimate expectations
• Sources of legitimate expectations (e.g., treaties, laws, statements, practices)
• The reasonable and legitimate nature of the expectations
• The reliance of the investor on these expectations
• The protection of legitimate expectations against arbitrary or unreasonable changes

This comprehensive guide delves into the procedural and evidentiary aspects of establishing and defending legitimate expectations in arbitration. It provides practical advice on:

• Pleading and proving legitimate expectations
• The burden of proof and allocation of evidence
• The role of expert testimony
• The standard of review by arbitral tribunals

Beyond the legal and procedural analysis, Protection of Legitimate Expectations in Investment Treaty Arbitration also examines the broader policy implications of this principle. It discusses the balance between investor protection and state sovereignty, the promotion of economic development, and the accountability of states in the international investment regime.

This book is an indispensable resource for:

• Investors seeking to protect their investments in foreign jurisdictions
• Counsel representing investors and states in investment treaty arbitrations
• Arbitral tribunals adjudicating investment disputes
• Academics and researchers specializing in international investment law

With its comprehensive analysis, practical guidance, and insightful commentary, Protection of Legitimate Expectations in Investment Treaty Arbitration is the definitive guide to this essential principle in international investment law. It empowers investors, counsel, and tribunals with the knowledge and strategies to ensure the fair and equitable treatment of investments worldwide.

Table of Contents

2. The Concept of Legitimate Expectations
3. Sources of Legitimate Expectations
4. The Reasonable and Legitimate Nature of Legitimate Expectations
5. The Reliance of the Investor on Legitimate Expectations
6. The Protection of Legitimate Expectations Against Arbitrary or Unreasonable Changes
7. Pleading and Proving Legitimate Expectations
8. The Burden of Proof and Allocation of Evidence
9. The Role of Expert Testimony
10. The Standard of Review by Arbitral Tribunals
11. Policy Implications of the Protection of Legitimate Expectations

Endorsements

"This book provides an in-depth and comprehensive analysis of the protection of legitimate expectations in investment treaty arbitration. It is a valuable resource for investors, counsel, and tribunals alike."
— Dr. Christoph Schreuer, Professor Emeritus, University of Vienna

"A timely and important contribution to the literature on investment treaty arbitration. This book offers a thorough and insightful examination of the principle of legitimate expectations and its application in practice."
— Dr. Yas Banifatemi, Partner, King & Spalding

Author Biographies

Dr. George H. Aldrich is a Professor of Law at the University of California, Davis. He is an internationally renowned expert in international investment law and has served as an arbitrator in numerous investment treaty arbitrations.

Dr. Laurence Boisson de Chazournes is a Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is a former member of the International Law Commission and has extensive experience in international arbitration.

Book Details

• Title: Protection of Legitimate Expectations in Investment Treaty Arbitration
• Authors: Dr. George H. Aldrich and Dr. Laurence Boisson de Chazournes
• Publisher: Oxford University Press
• Publication Date: 2023
• : 978-0-19-886359-6

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Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance

5 out of 5

Language	:	English
File size	:	1404 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	286 pages

FREE