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Law And Practice Of Investment Treaties

Author : Andrew Paul Newcombe
ISBN : 9789041123510
Genre : Political Science
File Size : 53.20 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

Ownership Unbundling And Related Measures In The Eu Energy Sector

Author : Tilman Michael Dralle
ISBN : 9783319777979
Genre : Law
File Size : 38.89 MB
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This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law. It does so by focusing on the prominent example of the EU’s energy sector and its Third Energy Package. Unbundling has become an increasingly crucial competition instrument in network-bound industries worldwide. It is designed to ensure access to bottleneck infrastructures on fair and non-discriminatory terms and thus to suppress the anti-competitive potential deriving from vertical integration in natural monopoly situations. While promoting important public policy objectives, unbundling policies have also raised a number of legal issues. This book analyzes how international economic law limits the adoption and maintenance of unbundling and related measures and also outlines how international trade law can play a ‘positive’ role in this field. As a result, it provides a valuable reference for academics, practitioners and policy-makers.
Category: Law

Sustainable Development In World Investment Law

Author : Marie-Claire Cordonier Segger
ISBN : 9789041131669
Genre : Law
File Size : 37.14 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

Law And Practice Of International Commercial Arbitration

Author : Alan Redfern
ISBN : 0421862408
Genre : Arbitration and award, International
File Size : 82.15 MB
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Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations
Category: Arbitration and award, International

The Fair And Equitable Treatment Standard

Author : Patrick Dumberry
ISBN : 9041132880
Genre : Law
File Size : 61.67 MB
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Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.
Category: Law

L Volution Des Sources Du Droit Des Investissements

Author : Academie De Droit International De La Haye
ISBN : 9041104194
Genre : Law
File Size : 81.21 MB
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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - L'evolution des sources du droit des investissements, par P. JUILLARD, professeur a l'Universite de Paris I; - From Bilateralism to Community Interest in International Law by B. SIMMAR, Professor at the Institute for Public International Law, Munich. To access the abstract texts for this volume please click here
Category: Law

Investment Protection In Brazil

Author : Daniel de Andrade Levy
ISBN : 9041149619
Genre : Law
File Size : 80.5 MB
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Although it has been ranked the fourth largest destination for foreign direct investment (FDI) in the world, Brazil seems to take a different path on the subject if compared to other countries which are instead parties to bilateral, regional and/or multilateral investment Treaties. Hence, Brazilian companies investing abroad normally act without the protection of the FDI system. Considering the country's widely acclaimed "arrival" into the small family of the world's major trading nations, the question of Brazil's entry in the international FDI system - not only as an incentive to the inflow of foreign investment, but also to protect the investments of its national companies abroad - has become a hotly debated issue. This timely book, with its incisive reports on all important aspects of the matter, tackles this subject with prodigious knowledge and insight.
Category: Law

Regulation Of Energy In International Trade Law

Author : Julia Selivanova
ISBN : 9789041132642
Genre : Law
File Size : 65.92 MB
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Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade - as well as energy-related issues addressed in the current WTO negotiations - the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.
Category: Law


Author : Loukas A. Mistelis
ISBN : 9789041127303
Genre : Law
File Size : 49.25 MB
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It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Category: Law

Jurisdiction Admissibility And Choice Of Law In International Arbitration Liber Amicorum Michael Pryles

Author : Neil Kaplan
ISBN : 9041186263
Genre : Law
File Size : 60.51 MB
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About this book: Jurisdiction, Admissibility and Choice of Law in International Arbitration, as the name suggests, discusses the jurisdiction, admissibility and choice of law provisions applied in the arbitration. These three elements play a prominent role in administering arbitration proceedings and are oft-cited in several awards and court decisions, particularly in cases transcending boundaries. In light of the growing demand for international arbitration, there is a need for literature to discuss these elements and analyse how they are applied across various jurisdictions. Although there are books available on each of these factors separately, this book specializes in analysing all these three aspects together. This book is a collection of essays in honour of the distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics and made a mark on arbitral law and practice that is recognized worldwide. What's in this book: In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the above-mentioned thorny matters and examine specific issues and topics such as the following: res judicata; investment arbitration; free trade agreements; party autonomy; application of provisional measures; issue estoppel; evidentiary inferences; interim measures; emergency and default proceedings; the intersection of financing and jurisdiction; consolidation of cases; and non-contractual claims. How this will help you: Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, this book is bound to appeal to and be put to use by arbitrators and other lawyers, who handle international cases, to gain insight into the factors involved in affecting arbitral decisions. This book also proves to be of great value to global law firms and companies doing transnational business to confidently maze through the complex arbitral laws around the globe and is of great academic interest.
Category: Law