Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532912
Total Pages : 572 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by : Roman Zykov

Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States written by Roman Zykov and published by Kluwer Law International B.V.. This book was released on 2021-04-22 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Arbitration in Russia

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503408
Total Pages : 360 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration in Russia by : Andrey Kotelnikov

Download or read book Arbitration in Russia written by Andrey Kotelnikov and published by Kluwer Law International B.V.. This book was released on 2019-07-03 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Russia has generally followed the New York Convention, the UNCITRAL Model Law and the European Convention on Arbitration since the 1990s, it was not until the reforms of 2015–2017 that arbitration in Russia became fully aligned with international commercial arbitration standards. This book by prominent Russian authorities explains the current legal landscape in the aftermath of the reforms, providing clear information and guidance to the worldwide community of arbitrators, dispute resolution practitioners and academics in the field. This book provides comprehensive coverage of current Russian law on domestic and international arbitration, addressing the stages of arbitration proceedings from the conclusion of an arbitration agreement to enforcement of foreign arbitral awards. The authors discuss the major theoretical and practical issues that have occupied the Russian courts and legal scholars over recent decades and draw parallels with other states and accepted international practices, emphasising issues that are of particular importance to foreign investors and their Russian partners. Detailed examinations include the following: regulatory sources; permanent arbitral institutions with government permission to operate; legislative provisions concerning judicial control of arbitration; arbitrability of disputes; interim measures; status of arbitrators and their powers; liability of an arbitrator; rules of evidence in arbitral proceedings; challenging arbitral awards and their enforcement; grounds for refusing enforcement of an international commercial arbitral award; grounds for setting aside of arbitral awards and their enforcement; costs and fees in arbitration; and the public policy exception. This book takes account of both the most significant Russian works on the theory of arbitration law and relevant judicial and arbitration practice. As a comprehensive guide to every aspect of international and domestic arbitration in the Russian Federation, this insightful commentary will be welcomed by legal practitioners worldwide dealing with an ongoing or contemplated arbitration or enforcement of an arbitral award in Russia. It will also serve as a point of reference providing international legal scholars, researchers and students with an authoritative explanation of the legal regulation of arbitration and the approaches adopted in Russian doctrine and legal practice.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789403532905
Total Pages : 632 pages
Book Rating : 4.5/5 (329 download)

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Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by : Roman Zykov

Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States written by Roman Zykov and published by Kluwer Law International. This book was released on 2021-04-22 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English - thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world - it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

International commercial arbitration : a practitioner's guide

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Publisher :
ISBN 13 : 9783406664441
Total Pages : 550 pages
Book Rating : 4.6/5 (644 download)

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Book Synopsis International commercial arbitration : a practitioner's guide by : Stephan Balthasar, 1978-

Download or read book International commercial arbitration : a practitioner's guide written by Stephan Balthasar, 1978- and published by . This book was released on 2015 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Arbitration and the Brussels I Regulation

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115058
Total Pages : 288 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis International Commercial Arbitration and the Brussels I Regulation by : Louise Hauberg Wilhelmsen

Download or read book International Commercial Arbitration and the Brussels I Regulation written by Louise Hauberg Wilhelmsen and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.

Arbitrating for Peace

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159630
Total Pages : 282 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitrating for Peace by : Joel Dahlquist

Download or read book Arbitrating for Peace written by Joel Dahlquist and published by Kluwer Law International B.V.. This book was released on 2016-09-04 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes. Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in multiple important ways. Particulars of that proposition are set forth in this one-of-a-kind book. Each of the fourteen chapters is devoted to one landmark international arbitration case, primarily state-to-state but also includes commercial disputes with geopolitical dimensions. Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017. By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts, and demonstrates how arbitration has and can continue to play an important role for international relations. Practitioners, political decision makers, and academics in any part of the world with an interest in international arbitration and international law or political history and policy on an international level will find it not only deeply informative but also immensely useful.

Research Handbook on Intellectual Property Rights and Arbitration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 180037836X
Total Pages : 603 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Handbook on Intellectual Property Rights and Arbitration by : Simon Klopschinski

Download or read book Research Handbook on Intellectual Property Rights and Arbitration written by Simon Klopschinski and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.

Due Process as a Limit to Discretion in International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519754
Total Pages : 471 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Due Process as a Limit to Discretion in International Commercial Arbitration by : Franco Ferrari

Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2020-09-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 9780521695701
Total Pages : 582 pages
Book Rating : 4.6/5 (957 download)

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Book Synopsis International Commercial Arbitration by : Simon Greenberg

Download or read book International Commercial Arbitration written by Simon Greenberg and published by Cambridge University Press. This book was released on 2010-12-17 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.

The Legal Dimension in Cold-War Interactions: Some Notes from the Field

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900420332X
Total Pages : 210 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Legal Dimension in Cold-War Interactions: Some Notes from the Field by : Tatiana Borisova

Download or read book The Legal Dimension in Cold-War Interactions: Some Notes from the Field written by Tatiana Borisova and published by Martinus Nijhoff Publishers. This book was released on 2012-11-21 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers readers a stimulating perspective on both struggles and cooperation on the Cold-War’s legal front and regard for its political context. It covers the era of Stalinism up to the post-Communist period of the 1990s and 2000s.

International Commercial and Investor-State Arbitration

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800880820
Total Pages : 424 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis International Commercial and Investor-State Arbitration by : Luke Nottage

Download or read book International Commercial and Investor-State Arbitration written by Luke Nottage and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.

Law and Practice of International Arbitration in the CIS Region

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904116703X
Total Pages : 656 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Law and Practice of International Arbitration in the CIS Region by : Kaj Hober

Download or read book Law and Practice of International Arbitration in the CIS Region written by Kaj Hober and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former Soviet republics of the Commonwealth of Independent States (CIS) generate a significant and growing amount of work for the major Western and CIS regional international arbitral institutions. This book, a country-by-country analysis of regulation and practice of international arbitration in ten CIS jurisdictions, offers the first comprehensive review of commercial arbitration in the region. It also analyses notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investment treaties affecting the region. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied in each jurisdiction. Jurisdictions covered include Armenia, Azerbaijan, Belarus, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. In addition to detailed discussion of the particular features of arbitral practice in each jurisdiction, contributions cover the following issues and topics: • arbitrability of disputes and public policy; • arbitral procedure; • recognition and enforcement of commercial and investor-state arbitration awards; • implementation of the UNCITRAL Model Law and other instruments affecting arbitral practice and procedure; • statistics from key arbitration institutions; • adherence to the ICSID, New York and key regional conventions relevant to arbitration; • relevant regulations, cases as well as applicable bilateral investment treaties; • law and practice related to investor-state arbitration; and • role of the Court of the Eurasian Economic Union. An informative introductory chapter provides detailed discussion and analysis of historic and current trends affecting arbitration practice among the CIS countries, including the role of regional conventions relatively unknown in the West. As a comprehensive overview of international arbitration in this burgeoning region, this book has no peers. It is sure to be highly valued and used by lawyers, arbitrators, and academics concerned with alternative dispute resolution, as well as by arbitration institutions, companies, states, and individuals engaged in arbitration.

International Commercial Arbitration Practice

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Publisher :
ISBN 13 : 9781663327550
Total Pages : pages
Book Rating : 4.3/5 (275 download)

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Book Synopsis International Commercial Arbitration Practice by :

Download or read book International Commercial Arbitration Practice written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

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Publisher : United Nations
ISBN 13 : 9210583183
Total Pages : 352 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2017-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.

International Commercial Dispute Resolution

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Publisher : Bloomsbury Professional
ISBN 13 : 9781847661340
Total Pages : 0 pages
Book Rating : 4.6/5 (613 download)

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Book Synopsis International Commercial Dispute Resolution by : Jonathan Warne

Download or read book International Commercial Dispute Resolution written by Jonathan Warne and published by Bloomsbury Professional. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je

Commentaries on Selected Model Investment Treaties

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Publisher : Oxford University Press
ISBN 13 : 0199645191
Total Pages : 1018 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Commentaries on Selected Model Investment Treaties by : Chester Brown

Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by Oxford University Press. This book was released on 2013-01-17 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme

Reshaping the Investor-State Dispute Settlement System

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Author :
Publisher : Hotei Publishing
ISBN 13 : 9004291105
Total Pages : 1043 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Reshaping the Investor-State Dispute Settlement System by : Jean E. Kalicki

Download or read book Reshaping the Investor-State Dispute Settlement System written by Jean E. Kalicki and published by Hotei Publishing. This book was released on 2015-02-12 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.