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An Overview of Contributory Fault Defences in International Investment Law


8 August 2017

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An Overview of Contributory Fault Defences in International Investment Law

Speaker: Martin Andrew Jarrett, University of Mannheim

A topic with which all jurists are familiar, contributory fault, otherwise known as contributory negligence, has established itself in international investment law. Its potential impact on the claimant's ultimate recovery is substantial, yet arbitral tribunals routinely support their findings with vague reasoning. In light of this disparity, it is sought to bring doctrinal clarity to contributory fault in international investment law.

The pursuit of this objective reveals that, rather than being a unitary concept, contributory fault is the genus of two species: 'civil provocation' and 'mismanagement', with the latter containing the sub-species of 'reckless mismanagement' and 'negligent mismanagement'. Each of these concepts has unique doctrinal content, the application of which can make the reasoning supporting future findings of contributory fault more cogent and transparent.


About the speaker

Originally hailing from the Hunter Valley, Martin is a doctoral candidate and lecturer at the University of Mannheim, Germany. After completing his B.A. and LL.B. (1:1) at the University of Newcastle, he relocated to Frankfurt am Main, Germany where he practised for three years. In addition to regular teaching assignments at universities across Europe, he is currently the course coordinator at Mannheim for a compulsory course on Anglo-American law and various elective courses.



CPD Points: 1


This event is presented by the Sydney Centre for International Law.


Time: 6-7pm

Location: Board Room, Level 4, New Law Building (F10), Eastern Avenue, Camperdown, University of Sydney

Cost: Complimentary, however registration is essential.

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 2a06397a034f5225333035033609455c3d5f315539493806