Contributory Fault and Investor Misconduct in Investment Arbitration

Description: 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.

Price: 50.52 AUD

Location: Hillsdale, NSW

End Time: 2025-02-05T18:41:30.000Z

Shipping Cost: 24.99 AUD

Product Images

Item Specifics

Return shipping will be paid by: Buyer

Returns Accepted: Returns Accepted

Item must be returned within: 30 Days

Return policy details:

EAN: 9781108722346

UPC: 9781108722346

ISBN: 9781108722346

MPN: N/A

Book Title: Contributory Fault and Investor Misconduct in Inve

Item Length: 22.9 cm

Number of Pages: 205 Pages

Publication Name: Contributory Fault and Investor Misconduct in Investment Arbitration

Language: English

Publisher: Cambridge University Press

Item Height: 230 mm

Publication Year: 2020

Type: Textbook

Item Weight: 400 g

Subject Area: International Law

Author: Martin Jarrett

Item Width: 153 mm

Format: Paperback