Dr. Martin Jarrett
Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law
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Publications

Publications

Anthology

37) The Rise of Domestic Courts in International Investment Law (Oxford University Press 2026) (co-edited with Chester Brown and Stephan Schill).

Monograph

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36) 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, Lévy Kaufmann-Kohler))


  • 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 investment law should be applauded (George von Mehren (Senior Partner, Squire Patton Boggs) and Mark Stadnyk (Partner, Squire Patton Boggs))



Articles and Chapters (Peer-Reviewed)

35)  Public Policy–Based Challenges to Investment-Treaty Arbitral Awards

  • Forthcoming article in: Journal of International Arbitration

34) Introducing the Illegality-Curing Doctrine for Investment-Legality Requirements

  • Forthcoming article in: ICSID Review

33) Enforcement of Investment-Treaty Awards: Breaking the Unruly Horse of Public Policy (with Chester Brown and Stephan Schill)

  • Forthcoming chapter in: The Rise of Domestic Courts in International Investment Law (Oxford University Press 2026)

32) Conclusion (with Chester Brown and Stephan Schill)

  • Forthcoming chapter in: The Rise of Domestic Courts in International Investment Law (Oxford University Press 2026)

31) Introduction (with Chester Brown and Stephan Schill)

  • Forthcoming chapter in: The Rise of Domestic Courts in International Investment Law (Oxford University Press 2026)

30)  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 2025)

29)  The Investment-Protection Status of Fossil Fuel–Related Investments in International Investment Law

28)  ISDS 2.0: Time for a Doctrine of Precedent?

  • Article in: Journal of International Economic Law (Volume 27(1))

  • Link to open-access version

27)  Rebalancing Asymmetries between Host States and Investors in Asian ISDS: An Exception for Systemic Corruption


23)  The International Validity of Domestic Law in Investment-Treaty Arbitration

  • Article in: Arbitration International (Volume 39(1))

  • Link to open-access version


22)  Legality Requirements: Managing the Tension between the Domestic and the International Rule of Law


21)  Depolluting the Doctrine on Causation in International Investment Law: The Case for Extracting ‘Legal Causation’

20)  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 open-access version

19)  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

18)  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

17)  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)

  • Link to open-access version

  • Cited in: Legacy Vulcan LLC v. United Mexican States, ICSID Case No. ARB/19/1, Respondent Memorial on Admissibility and Jurisdiction of the Counter-Claim (12 May 2023) (link)

16)  Responding to Investor Misconduct

15)  Extricating the Illegality Element from Judicial Expropriation

14)    A New Energy Charter Treaty for the Clean Energy Future

13)   Contributory Fault and Investor Misconduct in Investment Arbitration

12)    Causation in International Investment Law

11)  Contributory Fault in Foreign Investment Law

10)  Legally Protecting Upstream Investments

  • Article in: University of Eastern Finland Energy Law Review (Vol. 1(1), 2016)

9) Optional Dispute Resolution Clauses and Conditional Arbitration Agreements



Blog Posts

8)  A Proposal for Reforming the Calculation of Damages in Investment Treaty Arbitration

  • Blog: Investment Treaty News (2 July 2024)

  • Link to Blog Post

  • Cited in: UNCTAD, Compensation and Damages in Investor-State Dispute Settlement Proceedings (link)

7)  Aligning Legal Responsibility with Wrongfulness in the Calculation of Compensation in Investment-Treaty Disputes

6)  Germany’s Trusteeship over Gazprom Germania: A Brewing Expropriation Claim?

5)  New Options for Investor Accountability in ISDS

4)  The Only Thing We Have to Fear About Judicial Expropriation is the Fear of It

3)  Standing Up to Investor Misconduct



Book Reviews

2)  Chen Yu, Dispute Settlement and the Reform of International Investment Law

  • Journal: Journal of World Investment and Trade (forthcoming)

  • Link to open-access version

1)  Gus Van Harten, The Trouble with Foreign Investment Protection

  • Journal: Heidelberg Journal of International Law (Volume 82(1))

  • Link to open-access version