Procedural Issues in International Investment Arbitration 

Extract

I. INTRODUCTION

Books about the substance of foreign investment law—typically delving into treaty text and associated arbitral jurisprudence—are plentiful. Rarely encountered, by contrast, are books about the process of investor–State arbitration, especially the process as established in practice through the hundreds of investor–State arbitrations to have occurred over the last 25 years. Procedural Issues in International Investment Arbitration by Messrs Commission and Moloo² (hereinafter Procedural Issues) therefore is a distinctive and, as I suggest below, major contribution to the current literature.

A. Organization, Contents and General Approach of the Book

The book’s main text consists of 233 pages, divided among 11 chapters, logically ordered. The chapters are: (1) The law applicable to procedural issues; (2) The first procedural order; (3) Provisional measures; (4) Challenges to arbitrators, counsel and experts; (5) The splitting of issues for separate determination (bifurcation/trifurcation); (6) Non-disputing party participation and transparency; (7) Evidentiary issues; (8) Hearing procedures; (9) Other procedures; (10) Statements or submissions on costs; (11) Post-award applications.