Book Review: Martin Jarrett, Contributory Fault and Investor Misconduct in Investment Arbitration

31(4) European Journal of International Law (2020 Forthcoming)

13 Pages Posted: 4 Dec 2020 Last revised: 8 Dec 2020

Date Written: November 20, 2020

Abstract

Investment treaties and investor-State arbitration have both been subject to sustained criticism and calls for reform in recent years. Critics have called, inter alia, for a ‘rebalancing’ of treaties to address perceived asymmetries between States and investors, and for a reconnection of investment law to other bodies of law. As reform discussions have matured, analysis of how to address these asymmetries and fragmentations in investment law have become increasingly nuanced. Contributing to this line of scholarship, Martin Jarrett‘s book tackles difficult questions associated with when an investor’s ‘faultworthy’ conduct should impact the analysis of a host State’s responsibility for internationally wrongful conduct under an investment treaty. Jarrett’s book introduces and examines three defences to investor-State arbitration claims, which are each based on an investor’s contribution to investment damage and/or an investor’s misconduct in connection with a protected investment. Jarrett’s analysis holds important implications for the apportionment of liability between States and investors for their contribution to the injury at issue in an investor-State arbitration claim.

Keywords: ISDS, causation, investment treaty arbitration, investor misconduct, contributory fault

Suggested Citation

Shirlow, Esmé, Book Review: Martin Jarrett, Contributory Fault and Investor Misconduct in Investment Arbitration (November 20, 2020). 31(4) European Journal of International Law (2020 Forthcoming) , Available at SSRN: https://ssrn.com/abstract=3734028 or http://dx.doi.org/10.2139/ssrn.3734028

Esmé Shirlow (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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