Publications
Monograph
1) Contributory Fault and Investor Misconduct in Investment Arbitration (Cambridge University Press 2019).
Cited in the following arbitral award:
LSF-KEB Holdings SCA and others v. Republic of Korea, ICSID Case No. ARB/12/37, Award (30 August 2022), para 797 (link)
Reviewed in:
Arbitration Law Review, Volume 13 (link)
The author provides a daring and extensive Restatement that he believes can be used in arbitration when contributory fault is at issue. This could be used by tribunals around the globe when looking at a host state’s breaches and investor’s contributory misconduct (Matthew Nichol (JD Candidate, Pennsylvania State University School of Law))
ICSID Review, Volume 37 (link)
Dr Jarrett’s book presents a deep intellectual conceptualisation of vexed issues in contributory fault and investor misconduct in investment arbitration. It sets the rules on sound foundation, clarifies the myriad of confusion, and shines a light through the difficulties that have plagued the relevant questions. Consequently, it should be of great use to a variety of actors dealing with this field. (Emmanuel Laryea (Associate Professor, Monash University))
Arbitration International, Volume 37(1) (link)
His book is not only a critique of existing doctrine and practice but also a bold proposal for reform, including concrete solutions in the form of ready-to-use rules for apportionment…It is hoped that future disputants, armed with Jarrett’s proposals, will encourage tribunals to refine their approach to these matters (Johannes Fahner (Associate, Allen & Overy))
European Journal of International Law, Volume 31(4) (link)
The book offers a thought-provoking contribution to the literature on international investment law. It provides a rich, novel, and interesting study of how investor misconduct ought to factor into the analysis of State responsibility in investor-State arbitration claims. Jarrett offers rules that could conceivably form a basis for future debate and reforms, underpinned by a detailed and nuanced discussion that grapples with the structure, content and implications of such rules for investment claims (Esmé Shirlow (Associate Professor, Australian National University))
European Yearbook of International Economic Law (2020) (link)
A creative inspiration for anyone thinking broadly and conceptually about contributory fault and investor misconduct in investment arbitration (Markus P. Beham (Assistant Professor, University of Passau))
Manchester Journal of International Economic Law, Volume 17(2) (link)
This is a serious piece of scholarship which will be consulted, challenged and referred to in the future by academics and practitioners in the area (Elena Blanco (Associate Professor, University of the West of England))
Journal of World Investment and Trade, Volume 22(4) (link)
Jarrett’s efforts to bring clarity and consistency to this developing area of invest- ment law should be applauded (George von Mehren (Senior Partner, Squire Patton Boggs) and Mark Stadnyk (Partner, Squire Patton Boggs))
Articles and Chapters (Peer-Reviewed)
2) ISDS 2.0: Time for a Doctrine of Precedent?
· Forthcoming article in: Journal of International Economic Law
3) Trusteeships Over Russian-Owned Investments in Germany
· Forthcoming chapter in: Economic Sanctions in International Economic Law: Exploring the Normative Shifts in Response to the Russian-Ukrainian Conflict (Brill 2024)
4) Rebalancing Asymmetries between Host States and Investors in Asian ISDS: An Exception for Systemic Corruption
· Forthcoming chapter in: Corruption and Illegality in Asian Investment Arbitration (Springer 2024)
5) The Investment-Protection Status of Fossil Fuel–Related Investments in International Investment Law
· Forthcoming chapter in: Global Energy Transition and Investment Disputes (Hart Publishing 2024)
6) The International Validity of Domestic Law in Investment-Treaty Arbitration
· Article in: Arbitration International (Volume 39(1))
· Link to open-access version
7) Legality Requirements: Managing the Tension between the Domestic and the International Rule of Law
· Chapter in: Investment Protection Standards and the Rule of Law (Oxford University Press 2023)
8) Depolluting the Doctrine on Causation in International Investment Law: The Case for Extracting ‘Legal Causation’
· Chapter in: Secondary Rules of Primary Importance in International Law (Oxford University Press 2022)
· Link to open-access version
9) Implicit Legality Requirements in Investment Treaty Arbitration: A Doctrinal Critique of the Current Jurisprudence
· Article in: Czech Yearbook of International Law (Volume 13))
· Link to article
10) The Triumph of European Union Law in International Investment Law – The Phenomenon, the Problems, and the Solution
· Article in: Heidelberg Journal of International Law (Volume 81(4))
· Link to open-access version
11) A New Frontier in International Investment Law: Adjudication of Host Citizen-Investor Disputes?
· Article in: Heidelberg Journal of International Law (Volume 81(4))
· Link to open-access version
12) Towards Greater Investor Accountability: Indirect Actions, Direct Actions by States and Direct Actions by Individuals
· Article in: Journal of International Dispute Settlement (Volume 13(2) (co-authored with Sergio Puig and Steven Ratner)
· Paper also published as ‘Academic Forum on ISDS Concept Paper 2021/1’
· Link to open-access version
13) Responding to Investor Misconduct
· Chapter in: Investors’ International Law (Hart Publishing 2021)
· Link to open-access version
14) Extricating the Illegality Element from Judicial Expropriation
· Chapter in: Global Values and International Trade Law (Routledge Publishing 2021)
· Link to open-access version
15) A New Energy Charter Treaty for the Clean Energy Future
· Chapter in: The Global Energy Transition: Law, Policy and Economics for Energy in the 21st Century (Hart Publishing 2021)
· Link to open-access version
16) Contributory Fault and Investor Misconduct in Investment Arbitration
· Short article in: German Yearbook of International Law (Vol. 62 (2019))
17) Causation in International Investment Law
· Article in: Jus Mundi – Wiki Notes (2020)
18) Contributory Fault in Foreign Investment Law
· Chapter in: Versicherungsmechanismen im Recht (Mohr Siebeck 2016)
19) Legally Protecting Upstream Investments
· Article in: University of Eastern Finland Energy Law Review (Vol. 1(1), 2016)
20) Optional Dispute Resolution Clauses and Conditional Arbitration Agreements
· Article in: Asian International Arbitration Journal (Vol. 9(1), 2013)
Blog Posts
21) Aligning Legal Responsibility with Wrongfulness in the Calculation of Compensation in Investment-Treaty Disputes
· Blog: Kluwer Arbitration Blog (17 November 2023)
· Link to Blog Post
22) Germany’s Trusteeship over Gazprom Germania: A Brewing Expropriation Claim?
· Blog: EJIL:Talk! (6 June 2022)
· Link to Blog Post
23) New Options for Investor Accountability in ISDS
· Blog: EJIL:Talk! (22 December 2021)
· Link to Blog Post
24) The Only Thing We Have to Fear About Judicial Expropriation is the Fear of It
· Blog: OpinioJuris (5 May 2020)
· Link to Blog Post
25) Standing Up to Investor Misconduct
· Blog: Fifteeneightyfour (25 June 2019)
· Link to Blog Post
Book Reviews
26) Gus Van Harten, The Trouble with Foreign Investment Protection
· Journal: Heidelberg Journal of International Law (Volume 82(1))
· Link to open-access version