The legal foundation of international investment regulation (IIR) is vast, complex and varied, across numerous substantive and procedural rules. It is laid down in close to 3,000 different international investment agreements. This network of investment treaties is complemented by two key arbitration treaties: the 1958 New York Convention for the enforcement of arbitral award, and the 1965 ICSID Convention, which provides a forum and procedural rules for investment treaty arbitration. This complex landscape thus legitimately begs the question: how have we come to this network of legal instruments, and what do they entail?

This chapter discusses the role of domestic foreign investment screening legislation and its link to investment treaties. The chapter proceeds to examine the treaty definitions of the concepts of investment and investor and associated controversies. It concludes with an explanation of performance requirements which may be imposed on foreign investors.

Steps taken to start a new venture can make for rocky road ahead if consideration is not given to the points reviewed in this chapter. How to select and build a team and fairly distribute the founder’s equity, how to select an advisory board or a board of directors, and the importance of establishing a culture within the new company are all points discussed in detail and highlighted through personal stories and case examples. The main components of a business plan are covered in many texts and blogs, so this chapter focuses on the practical issues that few academic texts discuss, such as: how to perform due diligence on your investors and tips on creating slide decks , pitching and presenting business plans, and structuring financials and milestone to meet investors key concerns. The sources of financing and expectations of investors are reviewed with a view to guiding the entrepreneur or executive through the key elements for success, including successful closing on a term sheet or preparing for due diligence so that the process moves smoothly towards closure of the financing. The specific challenges facing an academic technopreneur moving into a decision-making executive (CSO or CEO) role are reviewed and guidance offered on utilizing the strength of the team around them.

The absence of ISDS cases against China may mean that investors are deprived of adequate and effective remedies for resolving investment disputes. Based on [type of empirical research], the authors find support for the view that the procedures offered by Chinese IIAs and legislation promote dispute resolution that is mutually satisfactory among investors and closely related public officials. However, they also find a possible trade-off in the sense that such solutions might depend on and promote corruption. Against this background, they explore how ISDS could contribute to combating corruption. [Abstract needs to be filled out and follow a logic of legitimacy critique, research method, finding/caveats – not currently clear]

Before arbitration tribunals can decide on the merits of a case, they must first appraise whether they have jurisdiction to hear it. The establishment of jurisdiction is a complex exercise that raises numerous legal issues. To make sense of this, Chapter 14 first explains the relevant fundamental notions and principles that govern the matter and examines how jurisdiction is formally appraised. From a substantive point of view, it then delves into the key aspects and issues of jurisdiction and admissibility based on a close analysis of treaty and arbitration practices. More specifically, it examines in turn (1) the offer to arbitrate; (2) the notion and definition of ‘investment’; (3) the notion and definition of ‘investor’; and (4) the impact of investors’ conduct on jurisdiction and admissibility.

The nature of developing countries’ resistance to the traditional BITs regime varies. Some states are withdrawing from existing agreements or related systems such as the World Bank’s International Center for the Settlement of Investment Disputes. Others call for changes in the scope of new BITs, and yet others promote radical alternatives. Recent BITs signed by emerging countries, and the Model BITs they have developed, offer a departure from the consensus of the 1990s and early 2000s, from the treaty coverage to the nature of the rights and obligations of host states and investors.The process for defining negotiating positions also has evolved to be more inclusive and more deliberative. This chapter focuses particularly on initiatives for investment regulation in South Africa, Brazil, India and China, and in Africa under the auspices of the SADC.