Andrés Eduardo Alvarado-Garzón’s research while affiliated with Goethe University Frankfurt and other places

The Award in International Investment Arbitration is an unparalleled comprehensive study of the international investment award, whose aim is to serve as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book is interested in the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. Rigorously written from an academic perspective, The Award in International Investment Arbitration puts the emphasis on the practitioners’ needs, presenting them with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. The Award in International Investment Arbitration features a unique line-up of outstanding, highly qualified arbitrators and experts from academia and international legal practice. It offers a singular reservoir of knowledge and experience by bringing together the biggest names in the contemporary investment arbitration scene. They study the complex topic of the international investment award from a variety of angles, sharing with the readers their vast practical experience and scholarly insights.

The Award in International Investment Arbitration is an unparalleled comprehensive study of the international investment award, whose aim is to serve as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book is interested in the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. Rigorously written from an academic perspective, The Award in International Investment Arbitration puts the emphasis on the practitioners’ needs, presenting them with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. The Award in International Investment Arbitration features a unique line-up of outstanding, highly qualified arbitrators and experts from academia and international legal practice. It offers a singular reservoir of knowledge and experience by bringing together the biggest names in the contemporary investment arbitration scene. They study the complex topic of the international investment award from a variety of angles, sharing with the readers their vast practical experience and scholarly insights.

This chapter sets the theoretical underpinnings of this monograph. It firstly explores the instrument of counterclaims from a comparative perspective in the broader spectrum of international dispute resolution. The findings of this comparative exercise are then tested through the prism of investment arbitration and its particularities. Furthermore, the chapter posits that the intricate relation between investment law and environmental protection supports the availability of environmental counterclaims in investment arbitration for the redress of pure environmental damage. Throughout this book, this theoretical framework serves for the deconstruction of the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action.

Whilst investors might be subject to a myriad of norms both at the international and domestic level, this alone does not necessarily provide an appropriate cause of action for environmental counterclaims. Accordingly, this chapter assesses possible causes of action for an environmental counterclaim in both contract-based and treaty-based investment arbitration, as well as the appropriateness of bestowing an arbitral tribunal with the power to entertain such counterclaims.

This chapter critically assesses the requisite connection between the main claim and an environmental counterclaim. As such, it firstly explores the justifications for the requirement of connection and the proper characterisation of this requirement. The chapter then delves into the analysis of the connection requirement and posits that a balancing exercise of connecting factors should be undertaken, which should render environmental counterclaims more viable in both contract-based and treaty-based investment arbitration.

The scope of consent constitutes the centrepiece of a tribunal’s analysis over its jurisdiction to adjudge environmental counterclaims. As such, consent over counterclaims must be interpreted from the jurisdictional provision itself and cannot be inferred from neither a tribunal’s inherent powers nor the applicable arbitration rules. While the functioning of contract-based investment arbitration seems particular supportive of finding jurisdiction over environmental counterclaims, treaty-based investment arbitration presents some obstacles from the outset. Yet, this chapter delves into a critical revision on the interpretation of treaty provisions on dispute settlement, which could provide arbitral tribunals with several indications in favour of the adjudication of environmental counterclaims.