Assistant Professor
Tel
Fax
Office
(852) 3943 4397
(852) 2994 2505
Room 531
Faculty of Law
5/F, Lee Shau Kee Building
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR
Dr. Martin Jarrett is an Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong. He holds the following degrees: Bachelor of Arts, Bachelor of Laws (with first class honours), Graduate Diploma of Legal Practice, and Doctor of Laws (summa cum laude). His professional qualification is Solicitor and Barrister (New South Wales, Australia).
After a stint in legal practice, Dr. Jarrett joined the University of Mannheim, where he wrote his doctoral dissertation and taught various compulsory and elective business law–related courses. Thereafter, he took up a position (Senior Research Fellow) at the Max Planck Institute for Comparative Public Law and International Law, where he led numerous research projects, including ‘The Rise of Domestic Courts in International Investment Law’.
He mainly conducts research in international investment law. His books have been published with Cambridge University Press and Oxford University Press, while his articles have been published with leading journals, including the Journal of International Economic Law. He has secured competitive external funding from organisations such as the Fritz Thyssen Stiftung and the Volkswagen Stiftung.
PUBLICATIONS
Book
- Contributory Fault and Investor Misconduct in Investment Arbitration
- Publisher: Cambridge University Press
- Publication date: 2019
- Indicators of impact:
- Cited in 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 the following journals:
Journal Articles
Accepted for Publication
- Challenging Investment-Treaty Arbitral Awards in Domestic Courts on Account of Investor Misconduct
- Article in: Arbitration International
Published
- Introducing the Illegality-Curing Doctrine (open-access version)
- Article in: ICSID Review (Volume 40(1) (2025))
- Brewing Investment-Treaty Claims relating to Germany’s Measures against Russian State-Owned Assets (open-access version)
- Article in: Journal of World Energy Law & Business (Volume 18(2) (2025))
- Public Policy–Based Challenges to Investment-Treaty Arbitral Awards
- Article in: Journal of International Arbitration (Volume 42(4) (2025)) (link)
- ISDS 2.0: Time for a Doctrine of Precedent? (open-access version)
- Article in: Journal of International Economic Law (Volume 27(1) (2024))
- Towards Greater Investor Accountability (open-access version) (co-authored with Sergio Puig and Steven Ratner)
- A New Frontier in International Investment Law: Adjudication of Host Citizen-Investor Disputes? (open-access version)
- Article in: Heidelberg Journal of International Law (Volume 81(4) (2023))
- The International Validity of Domestic Law in Investment-Treaty Arbitration (open-access version)
- Article in: Arbitration International (Volume 39(1) (2023))
- Implicit Legality Requirements in Investment Treaty Arbitration: A Doctrinal Critique of the Current Jurisprudence (open-access version)
- Article in: Czech Yearbook of International Law (2022)
- The Triumph of European Union Law in International Investment Law – The Phenomenon, the Problems, and the Solution (open-access version)
- Article in: Heidelberg Journal of International Law (Volume 81(4) (2022))
- Contributory Fault and Investor Misconduct in Investment Arbitration
- Article in: German Yearbook of International Law (Volume 63 (2019)) (link)
- Legally Protecting Upstream Investments
- Article in: University of Eastern Finland Energy Law Review (Volume 1(1) (2016)).
- Optional Dispute Resolution Clauses and Conditional Arbitration Agreements
- Article in: Asian International Arbitration Journal (Volume 9(1) (2013)) (link)
Book Chapters
Published
- Protection of Fossil Fuel–Based Investments under International Law
- Book: Volker Roeben and Rahmi Kopar (eds), Global Energy Transition and Investment Disputes (2025, Hart) (link)
- Rebalancing Asymmetries between Host States and Investors in Asian ISDS: Adjudicating on Cases Involving Systemic Corruption (open-access version)
- Book: Bruno Jetin, Luke Nottage, and Nobumichi Teramura (eds), Corruption and Illegality in Asian Investment Arbitration (2024, Springer) (link)
- Legality Requirements: Managing the Tension between the Domestic and the International Rule of Law
- Book: August Reinisch and Stephan Schill (eds), Investment Protection Standards and the Rule of Law (2023, Oxford University Press) (link)
- Depolluting the Doctrine on Causation in International Investment Law: The Case for Extracting “Legal Causation”
- Book: Gabor Kajtar, Başak Çali, and Marko Milanovic (eds), Secondary Rules of Primary Importance in International Law (2022, Oxford University Press) (link)
- Cited in: Daniel W. Kappes and Kappes, Cassidy, & Associates v. The Republic of Guatemala, ICSID Case No. ARB/18/43, Claimants’ Reply (11 June 2021) (link)
- Extricating the Illegality Element from Judicial Expropriation
- Book: Csongor István Nagy (eds), Global Values and International Trade Law (2021, Routledge) (link)
- Responding to Investor Misconduct
- Book: Jean Ho and Mavluda Sattorova (eds), Investors’ International Law (2021, Hart) (link)
- Implementing the Energy Transition in the Face of Investment Protection Standards (open-access version)
- Book: Peter Cameron, Volker Roeben, and Shawn Mu (eds), The Global Energy Transition: Law, Policy and Economics for Energy in the 21st Century (2021, Hart)
Book Reviews
- Chen Yu, Dispute Settlement and the Reform of International Investment Law
- Journal: Journal of World Investment and Trade (Volume 25 (5–6) (2025)) (link)
- Gus van Harten, The Trouble with Foreign Investor Protection
- Journal: Heidelberg Journal of International Law (Volume 82(1) (2023)) (link)
Blog Posts
- A Proposal for Reforming the Calculation of Damages in Investment Treaty Arbitration (2 July 2024) (link)
- Blog: Investment Treaty News
- Cited in: UNCTAD, Compensation and Damages in Investor-State Dispute Settlement Proceedings (Sep 2024) (link)
- Aligning Legal Responsibility with Wrongfulness in the Calculation of Compensation in Investor-State Disputes (17 November 2023) (link)
- Blog: Kluwer Arbitration Blog
- Germany’s Trusteeship over Gazprom Germania: A Brewing Expropriation Claim? (6 June 2022) (link)
- Blog: EJIL:Talk!
- New Options for Investor Accountability in ISDS (22 December 2021) (link)
- Blog: EJIL:Talk!
- The Only Thing We Have to Fear About Judicial Expropriation is the Fear of It (5 May 2020) (link)
- Blog: OpinioJuris
- Standing Up to Investor Misconduct (25 June 2019) (link)
- Blog: Fifteeneightyfour (official blog of Cambridge University Press)
Other Publications
Published
- Causation in International Investment Law
- Platform: Alexandre Vagenheim and others (eds), Jus Mundi Wiki Notes (Investment Law and Arbitration) (link)
- Investor Accountability: Indirect Actions, Direct Actions by States, and Direct Actions by Individuals (co-authored with Sergio Puig and Steven Ratner)
- Platform: Academic Forum on ISDS Concept Paper 2021/16 (link)
RESEARCH GRANTS
- Principal Investigator, Early Career Scheme, 2025/26, “Inter-jurisdictional Cooperation on Water Preservation in the Greater Bay Area and Water Security for Hong Kong’”, HK$428,000, 24 months.
- Principal Investigator, CUHK Direct Grant for Research, 2023/24, “The Evolving Legal Regime of Climate Governance and the Implications for Directors’ Duties: Climate Risk As Financial Risk in Near-Term Decisions”, Chinese University of Hong Kong, HK$100,000, 12 months.