Investor State Arbitration in a Changing World Order

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Publisher : BRILL
ISBN 13 : 9004390596
Total Pages : 95 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Investor State Arbitration in a Changing World Order by : Alexander W. Resar

Download or read book Investor State Arbitration in a Changing World Order written by Alexander W. Resar and published by BRILL. This book was released on 2021-06-22 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.

Investor-State Arbitration

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Author :
Publisher : Oxford University Press
ISBN 13 : 019979572X
Total Pages : 818 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Investor-State Arbitration by : Christopher Dugan

Download or read book Investor-State Arbitration written by Christopher Dugan and published by Oxford University Press. This book was released on 2011-11-25 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.

The Role of the State in Investor-State Arbitration

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004282254
Total Pages : 506 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Role of the State in Investor-State Arbitration by : Shaheeza Lalani

Download or read book The Role of the State in Investor-State Arbitration written by Shaheeza Lalani and published by Martinus Nijhoff Publishers. This book was released on 2014-11-21 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.

The Future of Investor-State Dispute Settlement

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547731
Total Pages : 255 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Future of Investor-State Dispute Settlement by : Ben Beaumont

Download or read book The Future of Investor-State Dispute Settlement written by Ben Beaumont and published by Kluwer Law International B.V.. This book was released on 2024-02-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.

Investor – State Arbitration and Human Rights

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Publisher : BRILL
ISBN 13 : 9004339000
Total Pages : 331 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Investor – State Arbitration and Human Rights by : Filip Balcerzak

Download or read book Investor – State Arbitration and Human Rights written by Filip Balcerzak and published by BRILL. This book was released on 2017-08-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.

The Return of the Home State to Investor-State Disputes

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108473385
Total Pages : 373 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Return of the Home State to Investor-State Disputes by : Rodrigo Polanco

Download or read book The Return of the Home State to Investor-State Disputes written by Rodrigo Polanco and published by Cambridge University Press. This book was released on 2019-01-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

The Changing Practices of International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108588158
Total Pages : 273 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Changing Practices of International Law by : Tanja Aalberts

Download or read book The Changing Practices of International Law written by Tanja Aalberts and published by Cambridge University Press. This book was released on 2018-04-05 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.

The Evolving International Investment Regime

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Publisher : Oxford University Press
ISBN 13 : 0199878161
Total Pages : 308 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Evolving International Investment Regime by : Jose E. Alvarez

Download or read book The Evolving International Investment Regime written by Jose E. Alvarez and published by Oxford University Press. This book was released on 2011-04-19 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"

International Investment Treaties and Arbitration Across Asia

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Publisher : BRILL
ISBN 13 : 9004360107
Total Pages : 725 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Treaties and Arbitration Across Asia by : Julien Chaisse

Download or read book International Investment Treaties and Arbitration Across Asia written by Julien Chaisse and published by BRILL. This book was released on 2018-02-05 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.

The ICSID Convention

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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).

The Backlash Against Investment Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132023
Total Pages : 674 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Backlash Against Investment Arbitration by : Michael Waibel

Download or read book The Backlash Against Investment Arbitration written by Michael Waibel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

The Legitimacy of Investment Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1108943756
Total Pages : 581 pages
Book Rating : 4.1/5 (89 download)

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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.

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.

Damages in Investor-state Arbitration

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Publisher :
ISBN 13 : 9789004366855
Total Pages : 0 pages
Book Rating : 4.3/5 (668 download)

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Book Synopsis Damages in Investor-state Arbitration by : Irmgard Marboe

Download or read book Damages in Investor-state Arbitration written by Irmgard Marboe and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.

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.

Investment Treaties and the Legal Imagination

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Publisher : Oxford University Press, USA
ISBN 13 : 0198862148
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Public Actors in International Investment Law

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Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Actors in International Investment Law by : Catharine Titi

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.