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Author: Aikaterini Florou
Publisher: BRILL
ISBN: 9004407472
Category : Law
Languages : en
Pages : 261
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Book Description
In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Author: Aikaterini Florou
Publisher: BRILL
ISBN: 9004407472
Category : Law
Languages : en
Pages : 261
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Book Description
In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Author: Martina Magnarelli
Publisher: Kluwer Law International B.V.
ISBN: 9403519908
Category : Law
Languages : en
Pages : 422
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Book Description
Is privity of contract the reason why investor-state dispute settlement (ISDS) is open to critics, or could it contribute to solving the system’s legitimacy crisis? Privity of contract essentially means that a subject must be a party to a contract, in order to acquire rights and assume obligations, to sue and be sued under that contract. Privity of contract came to land on the shores of ISDS and this has at least on one occasion been described as an ‘original sin’. Arbitral tribunals often need to decide whether they have jurisdiction in cases where a party to the investment contract is not the claimant but a related entity, or not the central government, but a state agency or state-owned enterprise. In light of the deep interconnection between, on the one hand, the criticism today surrounding investment treaty arbitration – be it called judicial activism and regulatory chill, or be it called abuse of law and indirect claims – and, on the other hand, the domains where privity of contract applies, this book’s original and far-reaching analysis clearly lays out, via an in-depth examination of relevant case law, a possible use of the doctrine that can contribute to leading ISDS out of the crisis. The study’s conclusions respond with thoroughly researched authority to such key questions as the following: In which domains of international investment arbitration does the notion of privity of contract operate, and with what effects? How are states and arbitral panels reacting to the persisting unresolved issues raised by the increasing pertinence of this legal doctrine? What solutions are advisable in the midst of the current criticisms surrounding ISDS? The author finds that the doctrine of privity of contract finds application in heterogeneous scenarios, from decisions on jurisdiction where there are forum selection clauses in investment contracts or fork-in-the-road provisions in investment treaties, to consolidation, counterclaims and umbrella clause claims. She proposes a flexible interpretation of the doctrine of privity of contract as a guiding principle arbitral tribunals should consider along with other factors (inter alia the tightness of the relation between the investor and its subsidiary and the host state’s involvement in the organization and function of agencies or state-owned enterprises). The book’s thorough and extensive examination of investment arbitration case law draws comparisons with other international adjudicatory bodies and identifies the most actual and compelling unresolved legal issues. Appendices include lists of many of the arbitration cases, international judgments and national judgments discussed. As a constructive contribution to the current debate, this enquiry is an extraordinary achievement. No other study has conducted such thorough research on the application of privity of contract in investment treaty arbitration. It will be of great interest to arbitration lawyers, arbitrators, foreign investors, host states and scholars in all areas of international arbitration and dispute settlement.
Author: Wolfgang Peter
Publisher: Springer
ISBN: 9789041100375
Category : Law
Languages : en
Pages : 486
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Book Description
Author: C. L. Lim
Publisher: Cambridge University Press
ISBN: 1108842992
Category : Law
Languages : en
Pages : 687
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Book Description
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
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Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author: Jean Ho
Publisher: Cambridge University Press
ISBN: 1108415849
Category : Business & Economics
Languages : en
Pages : 379
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Book Description
This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
Author: Mariel Dimsey
Publisher: Eleven International Publishing
ISBN: 9077596526
Category : Arbitration and award, International
Languages : en
Pages : 305
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Book Description
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.
Author: Ivar Alvik
Publisher: Bloomsbury Publishing
ISBN: 1847316220
Category : Law
Languages : en
Pages : 346
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Book Description
The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 1107096626
Category : Business & Economics
Languages : en
Pages : 473
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Book Description
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Author: Monique Sasson
Publisher: Kluwer Law International B.V.
ISBN: 9041161104
Category : Law
Languages : en
Pages : 328
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Book Description
This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
