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Vol 24 No 2 Feb/March 2019

Book of the Month

Cover of Pensions Law Handbook

Pensions Law Handbook

Price: £100.00

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Contributory Fault and Investor Misconduct in Investment Arbitration


ISBN13: 9781108481403
To be Published: July 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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.

Subjects:
International Investment Law, Arbitration and Alternative Dispute Resolution
Contents:
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.