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Building International Investment Law

Author : Meg Kinnear
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 778 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Building International Investment Law by : Meg Kinnear

Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The ICSID Convention, Regulations and Rules

Author : Julien Fouret
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435241
Total Pages : 1504 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The ICSID Convention, Regulations and Rules by : Julien Fouret

Download or read book The ICSID Convention, Regulations and Rules written by Julien Fouret and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 1504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major new commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution rules, the ICSID arbitration rules and the ICSID administrative and financial regulations. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for international investment law and international arbitration scholars.

Arbitrating the Conduct of International Investors

Author : Jose Daniel Amado
Publisher : Cambridge University Press
ISBN 13 : 1108415725
Total Pages : 221 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Arbitrating the Conduct of International Investors by : Jose Daniel Amado

Download or read book Arbitrating the Conduct of International Investors written by Jose Daniel Amado and published by Cambridge University Press. This book was released on 2018-01-11 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.

The ICSID Convention

Author : Christoph Schreuer (juriste)
Publisher : Cambridge University Press
ISBN 13 : 0521885590
Total Pages : 1599 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)

Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

Arbitrating Brands

Author : Metka Potočnik
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971817
Total Pages : 367 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Arbitrating Brands by : Metka Potočnik

Download or read book Arbitrating Brands written by Metka Potočnik and published by Edward Elgar Publishing. This book was released on 2019 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.

Guide to ICSID Arbitration

Author : Lucy Reed
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134018
Total Pages : 490 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Guide to ICSID Arbitration by : Lucy Reed

Download or read book Guide to ICSID Arbitration written by Lucy Reed and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2004.

Performance Requirement Prohibitions in International Investment Law

Author : Alexandre Genest
Publisher : BRILL
ISBN 13 : 9004392106
Total Pages : 288 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Performance Requirement Prohibitions in International Investment Law by : Alexandre Genest

Download or read book Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.

Contributory Fault and Investor Misconduct in Investment Arbitration

Author : Martin Jarrett
Publisher : Cambridge University Press
ISBN 13 : 110848140X
Total Pages : 207 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Contributory Fault and Investor Misconduct in Investment Arbitration by : Martin Jarrett

Download or read book Contributory Fault and Investor Misconduct in Investment Arbitration written by Martin Jarrett and published by Cambridge University Press. This book was released on 2019-07-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.

Annulment of ICSID Awards

Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446616
Total Pages : 16 pages
Book Rating : 4.9/5 (294 download)

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Book Synopsis Annulment of ICSID Awards by : Emmanuel Gaillard

Download or read book Annulment of ICSID Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2004 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

India and Bilateral Investment Treaties

Author : Prabhash Ranjan
Publisher : Oxford University Press
ISBN 13 : 0199097070
Total Pages : 414 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis India and Bilateral Investment Treaties by : Prabhash Ranjan

Download or read book India and Bilateral Investment Treaties written by Prabhash Ranjan and published by Oxford University Press. This book was released on 2019-04-24 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

The Investor-State Dispute Settlement System

Author : Alan M. Anderson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

Environmental Interests in Investment Arbitration

Author : Flavia Marisi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517301
Total Pages : 297 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Environmental Interests in Investment Arbitration by : Flavia Marisi

Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.

Rules and Practices of International Investment Law and Arbitration

Author : Yannick Radi
Publisher : Cambridge University Press
ISBN 13 : 1107102103
Total Pages : 581 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Rules and Practices of International Investment Law and Arbitration by : Yannick Radi

Download or read book Rules and Practices of International Investment Law and Arbitration written by Yannick Radi and published by Cambridge University Press. This book was released on 2020-10-29 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.

Key Duties of International Investment Arbitrators

Author : Katia Fach Gómez
Publisher : Springer
ISBN 13 : 3319981285
Total Pages : 230 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Key Duties of International Investment Arbitrators by : Katia Fach Gómez

Download or read book Key Duties of International Investment Arbitrators written by Katia Fach Gómez and published by Springer. This book was released on 2018-10-31 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

Attribution in International Law and Arbitration

Author : Carlo de Stefano
Publisher : Oxford University Press, USA
ISBN 13 : 0198844646
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Attribution in International Law and Arbitration by : Carlo de Stefano

Download or read book Attribution in International Law and Arbitration written by Carlo de Stefano and published by Oxford University Press, USA. This book was released on 2020-01-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law. It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed. Of special interest within this context is the responsibility of States when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct, however the State may still be considered responsible for their actions under international law. The book addresses the relevant issues systematically, beginning with direct reference to the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International law Commission (ILC) in 2001. It then elaborates on the specifics of international investment law, based on a detailed examination of practice and case law, whilst giving due consideration to the academic debate. The result is a full, innovative take on one of the most difficult questions in investment arbitration.

Towards Consistency in International Investment Jurisprudence

Author : Katharina Diel-Gligor
Publisher : BRILL
ISBN 13 : 9004337911
Total Pages : 614 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Towards Consistency in International Investment Jurisprudence by : Katharina Diel-Gligor

Download or read book Towards Consistency in International Investment Jurisprudence written by Katharina Diel-Gligor and published by BRILL. This book was released on 2017-05-22 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.

The Independence and Impartiality of ICSID Arbitrators

Author : Maria Nicole Cleis
Publisher : BRILL
ISBN 13 : 900434148X
Total Pages : 304 pages
Book Rating : 4.0/5 (43 download)

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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.