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Applicable Law In International Arbitration The Experience Of Icsid And Iran United States Claims Tribunal
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Author :Niki Nozari Publisher :Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies ISBN 13 :9783631775042 Total Pages :0 pages Book Rating :4.7/5 (75 download)
Book Synopsis Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal by : Niki Nozari
Download or read book Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal written by Niki Nozari and published by Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study aims to examine the substantive applicable law in different arbitral tribunals, especially the ICSID and the Iran-US Claims Tribunal. Additionally it examines the role of international law and whether it has supremacy over national laws. To that end, this publication is mainly based on case studies, the most cited ICSID and Iran-US Claims Tribunal cases. Furthermore, it addresses scientific works on this topic with regard to various arbitration rules and in particular to the applicable law.
Book Synopsis The International Law Character of the Iran-United States Claims Tribunal by : Mohsen Mohebi
Download or read book The International Law Character of the Iran-United States Claims Tribunal written by Mohsen Mohebi and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of res judicata regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. The International Law Character of the Iran-United States Claims Tribunal includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail in Part Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.
Book Synopsis Applicable Law in International Investment Disputes by : Taida Begic
Download or read book Applicable Law in International Investment Disputes written by Taida Begic and published by Eleven International Publishing. This book was released on 2005 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.
Book Synopsis The Iran-U.S. Claims Tribunal at 25 by : Christopher R. Drahozal
Download or read book The Iran-U.S. Claims Tribunal at 25 written by Christopher R. Drahozal and published by Oceana Publications. This book was released on 2007 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an essential resource for lawyers and parties involved in investor-state and international commercial disputes." "Thoroughly examines the ongoing relevance of the Tribunal's decisions and awards for the burgeoning field of investor-State arbitration with a forward-looking perspective." "Eminent practitioners have selected from among the hundreds of awards and decisions of the Tribunal those with the most significance - giving you the substance you need for your current arbitrations." "Each chapter is an original contribution by an internationally respected author - all of whom have either extensive experience in investor-State arbitration or worked on matters before the Tribunal - or both."
Book Synopsis The Iran-United States Claims Tribunal by : Charles Nelson Brower
Download or read book The Iran-United States Claims Tribunal written by Charles Nelson Brower and published by Martinus Nijhoff Publishers. This book was released on 1998-02-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Book Synopsis International Arbitral Jurisdiction by : Chittharanjan F. Amerasinghe
Download or read book International Arbitral Jurisdiction written by Chittharanjan F. Amerasinghe and published by BRILL. This book was released on 2011-02-14 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction.
Book Synopsis The Iran-United States Claims Tribunal by : Rahmatullah Khan
Download or read book The Iran-United States Claims Tribunal written by Rahmatullah Khan and published by BRILL. This book was released on 1990-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The record of the International Court of Justice & its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges & also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, & also in the angry denunciations of the Court as a 'political' tribunal rendering 'political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction ('neutral') approaches, & those who would in American legal Realist-style, essay a more frankly critical, liberal activist role in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years ( South West Africa & Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US ). The contemporary role of the Court & its relation to & cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities & challenges for the Court & its judges today in an historical era of transition & rapid change in the World Community.
Book Synopsis Iran-US Claims Tribunal Reports: Volume 40 by : Lee M. Caplan
Download or read book Iran-US Claims Tribunal Reports: Volume 40 written by Lee M. Caplan and published by . This book was released on 2022-03-10 with total page 1261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes the Tribunal's most recent work publicly available, including an award resolving a large dispute between Iran and the US.
Book Synopsis The International Law of Investment Claims by : Zachary Douglas
Download or read book The International Law of Investment Claims written by Zachary Douglas and published by Cambridge University Press. This book was released on 2009-06-11 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a codification of the principles and rules relating to the prosecution of investment claims.
Book Synopsis The UNCITRAL Arbitration Rules as Interpreted and Applied by : Matti Pellonpää
Download or read book The UNCITRAL Arbitration Rules as Interpreted and Applied written by Matti Pellonpää and published by . This book was released on 1994 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Take the Witness: Cross-examination in International Arbitration by : Lawrence W. Newman
Download or read book Take the Witness: Cross-examination in International Arbitration written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2010-06-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Book Synopsis International Arbitration Law by : M. Rubino-Sammartano
Download or read book International Arbitration Law written by M. Rubino-Sammartano and published by Springer. This book was released on 1990 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis UNCITRAL Notes on Organizing Arbitral Proceedings by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Notes on Organizing Arbitral Proceedings written by United Nations Commission on International Trade Law and published by . This book was released on 1996 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Independence and Impartiality of ICSID Arbitrators by : Maria Nicole Cleis
Download or read book The Independence and Impartiality of ICSID Arbitrators written by Maria Nicole Cleis and published by BRILL. This book was released on 2017-06-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Book Synopsis The UNCITRAL Arbitration Rules by : David D. Caron
Download or read book The UNCITRAL Arbitration Rules written by David D. Caron and published by OUP Oxford. This book was released on 2013-03-07 with total page 1134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.
Book Synopsis Applicable Law in Investor-State Arbitration by : Hege Elisabeth Kjos
Download or read book Applicable Law in Investor-State Arbitration written by Hege Elisabeth Kjos and published by Oxford University Press. This book was released on 2013-03-21 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Book Synopsis Globalization and International Investment by : Fiona Beveridge
Download or read book Globalization and International Investment written by Fiona Beveridge and published by Routledge. This book was released on 2017-07-05 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a broad range of articles on international law and foreign investment which together provide a contemporary overview of the diverse range of issues and perspectives which continue to exercise policy-makers and scholars alike. Central to this collection is the tension between market-oriented reforms on the one hand, raising issues of market access and protection of investors, and corporate social responsibility discourses on the other, raising concerns about environmental protection and respect for human and labour rights. Regional perspectives on these issues reveal differing priorities and approaches.
