Procedural Issues In International Investment Arbitration

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Procedural Issues in International Investment Arbitration

Author : Jeffery Commission
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198729037
Total Pages : 0 pages
Book Rating : 4.7/5 (29 download)

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Book Synopsis Procedural Issues in International Investment Arbitration by : Jeffery Commission

Download or read book Procedural Issues in International Investment Arbitration written by Jeffery Commission and published by Oxford International Arbitrati. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. [This book]...address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules...[This] book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs."--

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.

Procedural Issues in International Investment Arbitration

Author : Jeffrey Commission
Publisher :
ISBN 13 : 9780191817717
Total Pages : pages
Book Rating : 4.8/5 (177 download)

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Book Synopsis Procedural Issues in International Investment Arbitration by : Jeffrey Commission

Download or read book Procedural Issues in International Investment Arbitration written by Jeffrey Commission and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This text addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.

Arbitration Under International Investment Agreements

Author : Katia Yannaca-Small
Publisher : Oxford University Press on Demand
ISBN 13 : 0195340698
Total Pages : 790 pages
Book Rating : 4.1/5 (953 download)

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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.

General Principles of Law and International Investment Arbitration

Author : Andrea Gattini
Publisher : BRILL
ISBN 13 : 9004368388
Total Pages : 475 pages
Book Rating : 4.0/5 (43 download)

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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.

Corruption and Fraud in Investment Arbitration

Author : Adilbek Tussupov
Publisher : Springer Nature
ISBN 13 : 303090606X
Total Pages : 198 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Corruption and Fraud in Investment Arbitration by : Adilbek Tussupov

Download or read book Corruption and Fraud in Investment Arbitration written by Adilbek Tussupov and published by Springer Nature. This book was released on 2022-01-12 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Author : Christina L. Beharry
Publisher : BRILL
ISBN 13 : 9004357793
Total Pages : 516 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by : Christina L. Beharry

Download or read book Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration written by Christina L. Beharry and published by BRILL. This book was released on 2018-04-12 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.

Litigating International Investment Disputes

Author : Chiara Giorgetti
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004276572
Total Pages : 566 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Litigating International Investment Disputes by : Chiara Giorgetti

Download or read book Litigating International Investment Disputes written by Chiara Giorgetti and published by Martinus Nijhoff Publishers. This book was released on 2014-07-03 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.

Human Rights in International Investment Law and Arbitration

Author : Pierre-Marie Dupuy
Publisher : Oxford University Press
ISBN 13 : 0199578184
Total Pages : 646 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy

Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

The Resolution of International Investment Disputes

Author : Mariel Dimsey
Publisher : Eleven International Publishing
ISBN 13 : 9077596526
Total Pages : 305 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis The Resolution of International Investment Disputes by : Mariel Dimsey

Download or read book The Resolution of International Investment Disputes written by Mariel Dimsey and published by Eleven International Publishing. This book was released on 2008 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.

Third-party Funding in International Arbitration and Its Impact on Procedure

Author : Jonas von Goeler
Publisher :
ISBN 13 : 9789041150158
Total Pages : 0 pages
Book Rating : 4.1/5 (51 download)

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Book Synopsis Third-party Funding in International Arbitration and Its Impact on Procedure by : Jonas von Goeler

Download or read book Third-party Funding in International Arbitration and Its Impact on Procedure written by Jonas von Goeler and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.

The Decision-Making Process of Investor-State Arbitration Tribunals

Author : Mary Mitsi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041196579
Total Pages : 336 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Decision-Making Process of Investor-State Arbitration Tribunals by : Mary Mitsi

Download or read book The Decision-Making Process of Investor-State Arbitration Tribunals written by Mary Mitsi and published by Kluwer Law International B.V.. This book was released on 2018-12-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.

Investment Treaty Arbitration

Author : Kaj Hobér
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433621
Total Pages : 800 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Investment Treaty Arbitration by : Kaj Hobér

Download or read book Investment Treaty Arbitration written by Kaj Hobér and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.

International Arbitration in Latin America

Author : Gloria M. Alvarez
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119973X
Total Pages : 462 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration in Latin America by : Gloria M. Alvarez

Download or read book International Arbitration in Latin America written by Gloria M. Alvarez and published by Kluwer Law International B.V.. This book was released on 2021-04-08 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

International Investment Law and Investor-State Disputes in Central Asia

Author : Kiran Nasir Gore
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403546018
Total Pages : 465 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Investment Law and Investor-State Disputes in Central Asia by : Kiran Nasir Gore

Download or read book International Investment Law and Investor-State Disputes in Central Asia written by Kiran Nasir Gore and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five Central Asian States – Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan – collectively present a unique case study for the nexus between international investment frameworks, investor-State dispute settlement (ISDS) and the future of this field. In this groundbreaking book, the editors have curated contributions from globally renowned practitioners and scholars to provide the first comprehensive overview of experiences and lessons arising from the region. This book draws upon the Central Asian experience with international investment law and ISDS to develop globally relevant insights and analyses on, among other topics: approaches to foreign direct investment and domestic investment legislation; jurisdictional questions arising in investment treaty arbitration, such as the notion of ‘investor’ and the definition of ‘investment’; the interpretation of investment treaties and the role of international and domestic law; substantive and procedural rights of foreign investors, with a focus on guarantees against expropriation and most-favoured nation and fair and equitable treatment standards; arbitral awards, as well as grounds and procedures for their enforcement and annulment; the state-of-play for allegations of corruption and fraud once a dispute has arisen; and emerging challenges and opportunities in light of ongoing reform initiatives. This book establishes that the Central Asian experience should be taken into consideration in any comprehensive and robust discussion on the future of international investment law and ISDS. It provides useful analyses of how these frameworks may be improved, reformed and remain fit for purpose. This book is an essential tool that allows practitioners, arbitrators, policymakers and scholars to confidently engage with the substantive and procedural challenges and opportunities that are anticipated in the next generation of investor-State disputes.

Arbitrating Foreign Investment Disputes

Author : Norbert Horn
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122931
Total Pages : 572 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitrating Foreign Investment Disputes by : Norbert Horn

Download or read book Arbitrating Foreign Investment Disputes written by Norbert Horn and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.

International Investment Arbitration

Author : Campbell McLachlan
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199557516
Total Pages : 474 pages
Book Rating : 4.5/5 (575 download)

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Book Synopsis International Investment Arbitration by : Campbell McLachlan

Download or read book International Investment Arbitration written by Campbell McLachlan and published by Oxford University Press on Demand. This book was released on 2008 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analyzed by tribunals is such that it is now possible to begin the necessary process of codification. International Investment Arbitration: Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. The book examines the main treaties, analyzes published investment awards, and provides in-depth coverage of where investment disputes come from; who is a foreign investor, including nationality issues and foreign control; what is an investment; investor's rights, including admission to territories and State treatment of investors; expropriation; compensation; dispute resolution; transfer, assignment and subrogation; and future trends. As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialized and rapidly developing field. Written by a leading author team from Herbert Smith and Gibson, Dunn & Crutcher, and benefiting from the public and private international law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.