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Contributory Fault and Investor Misconduct in Investment Arbitration

Contributory Fault and Investor Misconduct in Investment Arbitration

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781108481403
  • 出版时间 June 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781108722346
¥1,222.00
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. A Schematic of International Investment Law
    2. A Definition of Defence
    3. A Theory of Causation for International Investment Law
    4. Mismanagement
    5. Investment Reprisal and Post-Establishment Illegality
    6. A Restatement of Contributory Fault and Investor Misconduct in International Investment Law.

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