Contributory fault and investor misconduct in investment arbitration / Martin Jarrett, University of Mannheim.

Format:

Book

Author/Creator:

Jarrett, Martin, author.

Language:

English

Subjects (All):

Investments, Foreign (International law).

International commercial arbitration.

Negligence, Contributory.

Physical Description:

xxv, 179 pages ; 24 cm

Place of Publication:

Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019.

Summary:

"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"-- Provided by publisher.

Contents:

Machine generated contents note: 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.

Notes:

Includes bibliographical references and index.

Other Format:

ebook version :

ISBN:

9781108481403

110848140X

9781108722346

1108722342

OCLC:

1077574174