International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice

International Investment Protection of Global Banking and Finance is a comprehensive guide to international investment protection in the banking and finance sector, authored by acknowledged experts in the field of investor-State arbitration. It provides the first complete discussion of how international investment law applies to investors and investments in the sector. Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique kinds of political risk. This trailblazing book paves the way for the future consolidation of international investment protection as a critical tool for managing the political risk confronting global banking and finance.

Featuring expert guidance on the vital legal protections for cross-border finance and banking investments, along with exhaustive and up-to-date coverage of investor-State cases, the book crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector:

• how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process
• types of political risk that cross-border investments in the sector are likely to encounter
• distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts
• specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions
• remedies available for violations of international investment protection
• how monetary damages may be assessed for injury to banking and finance sector investments
• the scope of financial services chapters included in certain free trade agreements
• the protections available under domestic foreign investment laws, and
• alternative sources of protection such as political risk insurance and investment contracts