Investor-State Arbitration

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Author :
Publisher : Oxford University Press, USA
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, USA. This book was released on 2008 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.

Annulment of ICSID Awards

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

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Book Synopsis Annulment of ICSID Awards by : Emmanuel Gaillard

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

Between Interests and Law

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Publisher : Cambridge University Press
ISBN 13 : 1107083621
Total Pages : 431 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Between Interests and Law by : Thomas Nathan Hale

Download or read book Between Interests and Law written by Thomas Nathan Hale and published by Cambridge University Press. This book was released on 2015-08-07 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.

Evolution in Investment Treaty Law and Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1139503618
Total Pages : 747 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Evolution in Investment Treaty Law and Arbitration by : Chester Brown

Download or read book Evolution in Investment Treaty Law and Arbitration written by Chester Brown and published by Cambridge University Press. This book was released on 2011-11-17 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Arbitration Under International Investment Agreements

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Publisher :
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 . This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.

Nicaragua V. United States of America

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Publisher :
ISBN 13 :
Total Pages : 270 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Nicaragua V. United States of America by : United States

Download or read book Nicaragua V. United States of America written by United States and published by . This book was released on 1984 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration Upon a Part of the National Territory of Misiones Disputed by the United States of Brazil

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Publisher :
ISBN 13 :
Total Pages : 776 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Arbitration Upon a Part of the National Territory of Misiones Disputed by the United States of Brazil by : Argentina

Download or read book Arbitration Upon a Part of the National Territory of Misiones Disputed by the United States of Brazil written by Argentina and published by . This book was released on 1893 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contributory Fault and Investor Misconduct in Investment Arbitration

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

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

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

ICSID Reports

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Publisher : Cambridge University Press
ISBN 13 : 9780521899888
Total Pages : 664 pages
Book Rating : 4.8/5 (998 download)

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Book Synopsis ICSID Reports by : James Crawford

Download or read book ICSID Reports written by James Crawford and published by Cambridge University Press. This book was released on 2009-10 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 14 of the ICSID Reports includes cases up to early 2007.

Transparency in International Investment Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1107077931
Total Pages : 413 pages
Book Rating : 4.1/5 (7 download)

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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.

Guide to ICSID Arbitration

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

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Book Synopsis Guide to ICSID Arbitration by : Lucy Reed

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

The Resolution of International Investment Disputes

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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.

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

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Author :
Publisher : BRILL
ISBN 13 : 9004416234
Total Pages : 99 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Selection and Removal of Arbitrators in Investor-State Dispute Settlement by : Chiara Giorgetti

Download or read book The Selection and Removal of Arbitrators in Investor-State Dispute Settlement written by Chiara Giorgetti and published by BRILL. This book was released on 2019-09-24 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

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.

Towards Consistency in International Investment Jurisprudence

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Publisher : BRILL
ISBN 13 : 9004337911
Total Pages : 614 pages
Book Rating : 4.0/5 (43 download)

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

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

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

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Publisher : BRILL
ISBN 13 : 9004302123
Total Pages : 450 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals by : Chiara Giorgetti

Download or read book Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2015-07-14 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.

The Independence and Impartiality of ICSID Arbitrators

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

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Book Synopsis The Independence and Impartiality of ICSID Arbitrators by : Maria Nicole Cleis

Download or read book The Independence and Impartiality of ICSID Arbitrators written by Maria Nicole Cleis and published by BRILL. This book was released on 2017-06-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.