Arbitration and Protection of Investments in Energy and Infrastructure Sectors

Preface
INTRODUCTION
1. Host States' right to regulate against the right of protection of foreign investors

PART I ISSUES ON JURISDICTION AND ADMISSIBILITY
2. General considerations on jurisdiction and admissibility: The level of duty of care of arbitrators
3. Lack of jurisdiction due to the absence of "protected investments"
4. Tax carve-out: Scope and limits of bona fide taxation
5. Jurisdictional issues related to EU law:The principles of EU autonomy and primacy (the "Achmea rule")
6. Contract claims defence
7. Objection to jurisdiction due to the "fork in the road" clause

PART II THE MERITS STANDARDS OF PROTECTION OF FOREIGN INVESTMENTS
8. The level of arbitrators' duties when addressing evidence and stating reasons due process of law
9. Expropriation
10. Standard of protection of investments in international law
11. The three applicable tests and different reasonings of arbitrators
12. Host State's crisis or public health situations: Defences based on police powers and state of necessity and the impact on damages

PART III QUANTUM OF DAMAGES
13. Legal principles of compensation on state responsibility

PART IV COSTS OF ARBITRATION
14. The Costs

Table of cases
Bibliography
Index