Skip to content
Register Sign in Wishlist
Contributory Fault and Investor Misconduct in Investment Arbitration

Contributory Fault and Investor Misconduct in Investment Arbitration

  • Date Published: July 2019
  • availability: Available
  • format: Hardback
  • isbn: 9781108481403

Hardback

Add to wishlist

Other available formats:
eBook


Looking for an evaluation copy?

This title is not currently available for evaluation. However, if you are interested in the title for your course we can consider offering an evaluation copy. To register your interest please contact asiamktg@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • 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.

    • 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
    Read more

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: July 2019
    • format: Hardback
    • isbn: 9781108481403
    • length: 202 pages
    • dimensions: 235 x 156 x 15 mm
    • weight: 0.42kg
    • availability: Available
  • Table of Contents

    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.

  • Author

    Martin Jarrett, Universität Mannheim, Germany
    Martin Jarrett is a Senior Lecturer at the Department of Law, Universität Mannheim, Germany. He holds a B.A. and LL.B. (with first class honours) from the University of Newcastle, Australia. After qualifying and practising as a lawyer, he entered academia and was awarded his doctorate (summa cum laude) at the University of Mannheim.

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×