LAW AND PRACTICE OF INVESTMENT TREATIES STANDARDS OF TREATMENT EBOOK KLUWER LAW INTERNATIONAL

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Law And Practice Of Investment Treaties

Author : Andrew Paul Newcombe
ISBN : 9789041123510
Genre : Political Science
File Size : 38.2 MB
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The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
Category: Political Science

Principles Of International Investment Law

Author : Rudolf Dolzer (jurist)
ISBN : 9780199651795
Genre : Business & Economics
File Size : 46.99 MB
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This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
Category: Business & Economics

Sustainable Development In World Investment Law

Author : Marie-Claire Cordonier Segger
ISBN : 9789041131669
Genre : Law
File Size : 31.82 MB
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Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Category: Law

Substantive Law In Investment Treaty Arbitration

Author : Monique Sasson
ISBN : 9041161031
Genre : Law
File Size : 39.73 MB
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Substantive Law in Investment Treaty Arbitration' is a clear analysis of previously unexplored aspects of investment arbitration. This second edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards, but also by the continuing, serious problems in the application of international law by investment treaty arbitral tribunals. The book considers key matters of substantive law in which a renvoi to municipal law must be conducted if an investment treaty tribunal is to reach sound results under international law.
Category: Law

International Arbitration

Author : Gary B. Born
ISBN : 9041166378
Genre : Law
File Size : 59.79 MB
Format : PDF, ePub
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International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne
Category: Law

The International Effectiveness Of The Annulment Of An Arbitral Award

Author : Hamid Gharavi
ISBN : 9789041117175
Genre : Law
File Size : 29.22 MB
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In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.
Category: Law

Arbitral Awards As Investments

Author : Maximilian Clasmeier
ISBN : 9041183574
Genre :
File Size : 87.92 MB
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This book presents the analysis of the existing tribunals' approaches to date. The book addresses the following questions: What is the foundation of interpretation in public international law and when is it adequately carried out? / Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? / Is there a trend of convergence to commercial and investment arbitration? / Do respective interpretative outcomes stem from adequate interpretation? / What are the ramifications, if interpretation is not fully adequate? / What are the feasible routes to greater interpretive discipline? This treatise on arbitral awards' qualification as investments within international investment law gives a detailed analysis of the interpretive approaches, their foundation and consequences. It will, from a theoretic point of view, provide value to international tribunals, counsel and sovereign entities.
Category:

Guide To Icsid Arbitration

Author : Lucy Reed
ISBN : 9789041120939
Genre : Law
File Size : 25.45 MB
Format : PDF
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The International Centre for Settlement of Investment Disputes (ICSID) has become the leading arbitration institution for resolution of investor-state disputes, especially as ICSID may administer arbitrations initiated under such multilateral treaties as the North American Free Trade Agreement (NAFTA) and the growing number of bilateral investment treaties (BITs). Accordingly, familiarity with the regime and jurisprudence of ICSID arbitration is an essential component of any international investment venture.This Guide to ICSID Arbitration, written by three leading practitioners in the eminent international law firm of Freshfields Bruckhaus Deringer, fills the gap in the literature between generic descriptions and academic commentary on ICSID or its aspects. It provides a sufficiently detailed but still 'user-friendly' understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish. It offers potential and non-expert users of the ICSID regime'as well as those generally interested in international commercial arbitration'with the essentials of the ICSID Convention and of BITs, the various sets of rules, ICSID procedure, and the rapidly developing ICSID jurisprudence. The Guide includes the following: an introduction to the ICSID regime; a discussion of the comparative merits of ICSID and other forms of arbitration; the basics of ICSID contractual arbitration; the basics of ICSID arbitration under bilateral and multilateral investment treaties; illustrative treaty materials, including discussion and comparison of BITs, and the full text of model and sample BITs and Chapter 11 of NAFTA; a description of the main ICSID rules and how a typical ICSID case develops in practice; a discussion of the unique features of annulment, recognition and enforcement of ICSID awards, with reference to the main awards to date; extensive annexes of basic ICSID documents, along with texts of relevant treaties and a chart of BITs entered into between ICSID Member States; and a selective bibliography of resources, for those who desire a more detailed and analytical understanding of ICSID arbitration and ICSID case law. Guide to ICSID Arbitration will be of immeasurable value to international investors, corporate counsel, businesspersons, government legal advisors, interested lawyers and arbitrators, and students of dispute resolution. Pitched at an ideal location between academic scholarship and introductory texts, it offers parties in all these areas a full-fledged practical guide to the day-to-day realities of international investment dispute resolution in today's world.
Category: Law

Building International Investment Law

Author : Meg N. Kinnear
ISBN : 9041161333
Genre : Investments, Foreign
File Size : 75.55 MB
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This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter's particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Category: Investments, Foreign

Third Party Funding In International Arbitration

Author : Lisa Bench Nieuwveld
ISBN : 9041161112
Genre : Law
File Size : 84.82 MB
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About this book: Third-Party Funding in International Arbitration expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users who may wish to tap into and make use of this distinctive funding tool. Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. The second edition includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on third-party funding and how third-party funding is being incorporated into arbitral rules and investment treaties. What's in this book: Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: payment of adverse costs; "Before-the-Event" and "After-the-Event" insurance; attorney financing: pro bono representation, contingency representation, conditional fee arrangements; loans; ethical doctrines affecting the third-party funding industry; possible future bundling, securitization, and trading of legal claims; the risk that the funder may put its own interests ahead of the client's interests; and whether the existence of a funding agreement must or should be disclosed to the decision maker. This updated book is well written and covers an interesting, topical, and previously unexplored aspect of international arbitration, and it concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide. How this will help you: This book ensures appropriate legal knowledge of worldwide jurisdictions' treatment of third-party funders and proceeds confidently through the maze of unresolved ethical considerations that arise when third-party funding is involved. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Category: Law