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Overview Of Investor-State Arbitration Articles

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Chapter Summary

This Chapter deals with topics on investment arbitration, which are at the forefront of new developments and thus of major present interest to practitioners and academics. They include a discussion of the latest trends in the new generation of bilateral investment treaties (BITs). Two aspects are particularly striking about the new BITs. The first one is the influence that arbitral awards have exercised on the drafting of the new treaties. The second striking aspect of the new treaties is the increasing emphasis placed on public interest, which is visible in substantive and procedural matters as well. The second article is authored by Professor Michael Reisman from Yale Law School, deals with one of the substantive investment guarantees and is entitled "The Eclipse of Expropriation. In the last article, Andrea Menaker delves into the experience gathered during those years to discuss the intervention of non-disputing State parties in investment arbitration.

Keywords: Andrea Menaker; arbitral awards; Investor-State Arbitration; Michael Reisman; The Eclipse of Expropriation



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