The Award in International Investment Arbitration

The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

Table of Contents:
PART I: KEY ASPECTS AND TYPES OF INVESTMENT AWARDS 1: What Is an Award? Concept, Content, Drafting, Effects 2: The Award on Jurisdiction and Merits 3: Compensation 4: The Cost Award 5: Consent Awards 6: Draft Awards: Twirling Curls on a Bald Head PART II: PROCEDURAL PRINCIPLES 7: The Legal Nature of the Treaty-Based Consent to Investment Arbitration 8: Burden and Standard of Proof on Jurisdiction 9: On the Adjudicative Discretion of Investment Arbitrators: Between ne ultra petita, ne infra petita, and jura novit curia 10: Equality of Arms PART III: THE CONTENT OF INVESTMENT AWARDS 11: The Relevance of the Facts in Complex Investor-State Arbitration Proceedings: Reflections on the Drafting of Arbitral Awards 12: The Applicable Law in Investor-State Dispute Settlement 13: The Interpretation of Exceptions 14: The Role of Human Rights in Investment Awards 15: Counterclaims: Trends and Perspectives 16: Investment Tribunals Search for the Truth and Its Impact on the Arbitral Award 17: The Impact of Expert Legal Opinions: A NAFTA Chapter 11 Case Study PART IV: AWARD DRAFTING 18: Tribunal Dynamics and Arbitral Deliberations 19: The Role of Tribunal Secretaries in the Drafting of Investment Awards 20: The Reasoned Award 21: To Err Is Human, to Dissent Divine 22: An Empirical Analysis of Legal Reasoning: Comparing Investment Arbitration and International Commercial Arbitration PART V: REVIEW AND ENFORCEMENT 23: Annulment and Set-Aside 24: Review beyond Annulment: Correction, Additional Awards, Clarification, and Revision 25: The Appeal in International Investment Arbitration 26: Recognition and Enforcement of ICSID Convention Awards 27: Recognition and Enforcement of Non-ICSID Convention Awards PART VI: CROSS-CUTTING ISSUES 28: The Investment Award in a Historical Perspective 29: Empirical Dimensions of Investment Awards 30: Gender and Investment Awards 31: The Visible and Invisible Footprint of New Technologies in Investment Awards

About the Author :
Katia Fach Gómez, Dr iur., LLM, is a tenured lecturer (Profesora Titular) of private international law at the University of Zaragoza (Spain). She is author of several legal books, book chapters, and articles published in English, Spanish, and German. She holds a European PhD summa cum laude and an LLM from Fordham University (NY) (summa cum laude and Edward J. Hawk prize). She has been designated by the Kingdom of Spain as conciliator in the ICSID Panel of Conciliators (2020-2026), acts as independent arbitrator and mediator in international and domestic disputes and has been involved in key international litigation cases in the USA and Europe. Her specialist research areas include international investment law, international arbitration and ADR, international contract law, and international technology law. Catharine Titi, Dr iur., FCIArb, is a tenured research associate professor at the French National Centre for Scientific Research (CNRS) and the CERSA, University Paris-Panthéon-Assas, France. She is Co-Chair of the Academic Forum on ISDS and serves on the Board of the European Society of International Law (ESIL) and the Scientific Committee of the UNESCO Chair on Threats to Cultural Heritage. She is appointed to the roster of the United States-Mexico-Canada Agreement's (USMCA) Annex 31-B panellists. Catharine holds a PhD in law (summa cum laude, Rolf H. Brunswig PhD Prize). In 2016, she was awarded the prestigious Smit-Lowenfeld Prize of the International Arbitration Club of New York. Her work focuses on public international law, the settlement of international disputes, international investment law and arbitration, and cultural heritage law.

Review :
Professors Fach Gómez and Titi have compiled a superb volume ranging from the technical "nuts and bolts" of Award writing to the more esoteric aspects of Awards in investment arbitration practice. Every chapter is well-written and insightful and will contribute to the issuance of comprehensive yet comprehensible, succinct, correct and fair decisions that can withstand scrutiny by the many audiences who read it. This comprehensive volume makes a significant contribution to investment arbitration scholarship. Authored by a group of leading academics and practitioners in investment arbitration, this book offers in-depth analysis and diverse perspectives regarding the award in investment arbitration. It is an essential read for investment arbitration students and practitioners alike. This work covers much more than the title suggests, which, given the list of eminent contributors, should not come as a surprise: it deals with all aspects of investment arbitration and is a must read for anyone interested in investment arbitration. This is a superb, innovative, and indispensable collection on the all-important topic of the arbitral award. The contributions from renowned experts are top-notch and destined to be influential for all investment arbitration stakeholders. An impressive cast of authors; a mine of valuable information; viewed through the prism of the award, topics that cover all the procedural aspects of investment arbitration; a well-balanced mix of indispensable classical themes and of less frequently discussed contemporary subjects, such as real life tribunal dynamics, empirical dimensions, historical perspectives, to name just these. In short, a book that everyone involved in investment arbitration, counsel, arbitrator and academic alike, will not only find a helpful working tool, but may well also truly enjoy. This is quite a tour de force! All facets of the Award on Investment Arbitration are explored and commented upon by the most distinguished arbitrators who dabble today in this wonderful world. This is a winner! Some of us have been waiting for this thorough review of knowledge and experience. My compliments to all contributors! I can think of no facet of this world which has not been addressed in this treatise. It combines knowledge and experience. Merci! "The Award in International Investment Arbitration", co-edited by Catharine Titi and Katia Fach Gomez and published by OUP is a welcome and precious sum of more than 500 pages dealing with the arbitral award in investment arbitration, in all its facets, from its fabrication to its enforcement. A great variety of topics has been addressed by 46 authors, many of whom are the most prominent and recognised actors in the field. The book starts with a piece of Catharine Titi asking "What Is an Award? Concept, Content, Drafting, Effects" and ends with a piece of Katia Fach Gómez centred on the most recent evolutions concerning "The Visible and Invisible Footprint of New Technologies in Investment Awards. This contribution will indisputably be a fascinating reference tool for practitioners, scholars, students and above all, arbitrators.