Contributory Fault and Investor Misconduct in Investment Arbitration
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- Author: Martin Jarrett, Universität Mannheim, Germany
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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.Read more
- Proposes a theory on how rules of international investment law can be categorised according to their legal functions
- Constructs a definition of 'defence' and develops a theory on causation in the law
- Devises a method for reason-based apportionments of liability, for cases involving contributory fault
- Explores different forms of investor misconduct, and the rules for each mismanagement, investment reprisal, and post-establishment illegality are laid down
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- Date Published: July 2019
- format: Adobe eBook Reader
- isbn: 9781108659703
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. A schematic of international investment law
2. A definition of defence
3. A theory of causation for international investment law
5. Investment reprisal and post-establishment illegality
6. A restatement of contributory fault and investor misconduct in international investment law.
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