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International Investment Arbitration In A Nutshell
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Book Synopsis International Investment Arbitration in a Nutshell by : Franco Ferrari
Download or read book International Investment Arbitration in a Nutshell written by Franco Ferrari and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment ("FDI) "is a key pillar of the world's global economy. International investment law comprises the rules regarding the protection of investors engaging in FDI activities. This book summarizes the current legal regime of international investment protection and the challenges that lie ahead of it. Its ambition is to provide a concise introduction to the key substantive and procedural standards of international investment protection.
Book Synopsis International Investment Arbitration in a Nutshell by : FRANCO. FERRARI
Download or read book International Investment Arbitration in a Nutshell written by FRANCO. FERRARI and published by West Academic Publishing. This book was released on 2019-12-09 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment ("FDI") is a key pillar of the world's global economy. International investment law comprises the rules regarding the protection of investors engaging in FDI activities. This book summarizes the current legal regime of international investment protection and the challenges that lie ahead of it. Its ambition is to provide a concise introduction to the key substantive and procedural standards of international investment protection.
Book Synopsis Foreign Investment Law Including Investor-state Arbitrations in a Nutshell by : Ralph Haughwout Folsom
Download or read book Foreign Investment Law Including Investor-state Arbitrations in a Nutshell written by Ralph Haughwout Folsom and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Nutshell introduces foreign investment entry and operational control patterns, investment-related technology transfers, and expropriation issues. It also explores the multitude of bilateral investment treaties (BITs). Investment regimes under free trade agreements (FTAs) are considered, with special attention to the dynamic rules of NAFTA 1994 and its USMCA 2020 successor. Controversial foreign investor-host state arbitration awards and systems are closely examined. Investing in China, Europe and North America are presented as “case studies”." -- Publisher.
Book Synopsis Introduction to Investor-State Arbitration by : Yves Derains
Download or read book Introduction to Investor-State Arbitration written by Yves Derains and published by Kluwer Law International B.V.. This book was released on 2018-10-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
Book Synopsis Intl Comml Arbitration Ns by : GEORGE A. BERMANN
Download or read book Intl Comml Arbitration Ns written by GEORGE A. BERMANN and published by West Academic Publishing. This book was released on 2020-10-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a 1st edition of a Nutshell on an exceptionally topical subject. International Commercial Arbitration is a flourishing alternative to the litigation of transnational disputes in domestic courts. Unlike other subjects, it must deal with two interlocking international dispute resolution regimes: the complex international arbitral regime itself, together with the important role of courts in enforcing arbitration agreement, intervening in an ongoing arbitration, and conducting judicial review of the eventual awards.
Book Synopsis The Legitimacy of Investment Arbitration by : Daniel Behn
Download or read book The Legitimacy of Investment Arbitration written by Daniel Behn and published by Cambridge University Press. This book was released on 2022-01-13 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.
Book Synopsis Foreign Investment Law Including Investor-State Arbitrations in a Nutshell by : RALPH H. FOLSOM
Download or read book Foreign Investment Law Including Investor-State Arbitrations in a Nutshell written by RALPH H. FOLSOM and published by West Academic Publishing. This book was released on 2022 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The number of transactions and sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national, occasionally regional, in character. There are many intriguing variations on foreign investment law around the world. Foreign Investment Law including Investor-State Arbitrations in a Nutshell, 3d reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. This Nutshell introduces foreign investment entry and operational control patterns, investment-related technology transfers, and expropriation issues. It also explores the multitude of bilateral investment treaties (BITs). Investment regimes under free trade agreements (FTAs) are considered, with special attention to the dynamic rules of NAFTA 1994 and its USMCA 2020 successor. Controversial foreign investor-host state arbitration awards and systems are closely examined. Investing in China, Europe and North America are presented as "case studies".
Book Synopsis Arbitration Under International Investment Agreements by : Katia Yannaca-Small
Download or read book Arbitration Under International Investment Agreements written by Katia Yannaca-Small and published by Oxford University Press on Demand. This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.
Author :Frédéric Gilles Sourgens Publisher :Oxford University Press, USA ISBN 13 :9780198753506 Total Pages :325 pages Book Rating :4.7/5 (535 download)
Book Synopsis Evidence in International Investment Arbitration by : Frédéric Gilles Sourgens
Download or read book Evidence in International Investment Arbitration written by Frédéric Gilles Sourgens and published by Oxford University Press, USA. This book was released on 2018 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
Book Synopsis Arbitral Awards as Investments by : Maximilian Clasmeier
Download or read book Arbitral Awards as Investments written by Maximilian Clasmeier and published by Kluwer Law International B.V.. This book was released on 2017-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, 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 of 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? The book is mindful of the underlying public international law principles, such as state sovereignty and the increasing legal and political dynamics of international investment law. This is the first in-depth treatise on arbitral awards’ qualification as investments within international investment law. Its detailed analysis of the interpretive approaches, their foundation and consequences will, from a theoretical and practical point of view, prove of great value to international tribunals, counsel and sovereign entities. Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.
Book Synopsis Transparency in International Investment Arbitration by : Dimitrij Euler
Download or read book Transparency in International Investment Arbitration written by Dimitrij Euler and published by Cambridge University Press. This book was released on 2015-08-10 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
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.
Book Synopsis International Arbitration in the United States by : Laurence Shore
Download or read book International Arbitration in the United States written by Laurence Shore and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Book Synopsis International Investment Law and Arbitration by : C. L. Lim
Download or read book International Investment Law and Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-03-11 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Book Synopsis General Principles of Law and International Investment Arbitration by : Andrea Gattini
Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-06-01 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Book Synopsis International Investment Arbitration by : Campbell McLachlan
Download or read book International Investment Arbitration written by Campbell McLachlan and published by Oxford International Arbitrati. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.
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 222 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.
