Investor – State Arbitration and Human Rights
- how international investment law protects rights of entrepreneurs. A book by Filip Balcerzak, already on sale.
Investor – state arbitration and human rights is the first book available anywhere in the world which considers the place of human rights in international investment law. The author provides a comprehensive analysis of investment law and investor – state arbitration and presents relevant case law.
The book is published by Brill and has been available in book stores since 1 September 2017.
Few entrepreneurs are aware that international investment law protects their interests. Investment arbitration is a way to seek protection in disputes between an investor and a state on an international forum, outside of national courts. This mechanism may be used both by Polish entrepreneurs who invest abroad and by foreign investors operating in Poland.
The book is part of a broad debate concerning the development of investment arbitration and the need for further reform. The author demonstrates that investment arbitration in its current shape allows the possibility for human rights arguments (and broadly defined public interest) to be taken into consideration by both parties to the dispute –claimants (investors) and respondents (states). Arguments concerning human rights may be presented at every stage of the arbitral proceedings (jurisdiction of the tribunal, admissibility of the claim, merits, compensation and cost allocation).
States are obliged to treat investments in a fair and equitable, non-discriminatory manner, and to refrain from expropriation without compensation. If the interests of entrepreneurs are infringed upon despite these obligations, they are entitled to seek protection against the state in a neutral forum, as equals.
About the author
Filip Balcerzak, LL.M., Ph.D., attorney-at-law is admitted to the bar in two jurisdictions: Poland (adwokat) and Spain (abogado).
He specializes in commercial dispute resolution at both national and international levels. He has successfully led cases for a variety of clients from different jurisdictions, utilising his fluency in English and Spanish.