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Author: World Bank. Legal committee on settlement of investment disputes
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: World Bank. Legal committee on settlement of investment disputes
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: International Centre for Settlement of Investment Disputes
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 460
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Book Description
Author:
Publisher:
ISBN:
Category : Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Languages : en
Pages : 460
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Book Description
Author: Julien Fouret
Publisher: Edward Elgar Publishing
ISBN: 1786435241
Category : Law
Languages : en
Pages : 1504
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Book Description
This major new commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution rules, the ICSID arbitration rules and the ICSID administrative and financial regulations. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for international investment law and international arbitration scholars.
Author: International Centre for Settlement of Investment Disputes
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 424
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Book Description
Author: Simon Foote QC
Publisher: Kluwer Law International B.V.
ISBN: 9403541903
Category : Law
Languages : en
Pages : 404
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Book Description
International Arbitration Law Library, Volume 63 [IALL-63] Many corporations engage in treaty shopping – or ‘nationality planning’ – to procure investment treaty protection by attainment of a nationality of convenience. This book is the first in-depth exploration of a substantive legal basis by which to assess the bona fides of a corporate investor’s identity in a convenient jurisdiction: i.e., examination of the purpose for which a corporate exists in the ownership structure of the relevant investment. In a comprehensive review of the concept of treaty shopping, the author examines the degree to which manipulation of corporate nationality is consistent with the objects and purposes of the investment treaty regime, and analyses its effect on the legitimacy of investor-state dispute mechanisms. To evaluate a substantive test for a bona fide investor, the book looks to analogous areas of international law such as the law of diplomatic protection and double tax treaties, and reviews in detail the relevance in investment treaty law of such pertinent issues and topics as the following: the concept of separate legal personality; abuse of the corporate form at municipal law; the role of Article 25 of the ICSID Convention; the approach to the nationality of natural persons; the approach to the jurisdictional concept of an ‘investment’; criteria used to connote corporate nationality; the concept of the commercial purpose of the corporate investor claimant; the concept and limits of the principle of abuse of right at international law; and the application of, and the relationship between, the four tenets of Article 31(1) of the Vienna Convention: ordinary meaning, good faith, context, and object and purpose. The effectiveness of substantive criteria presently used to mitigate illegitimate or undesirable treaty shopping are examined and compared with the ‘purpose to exist’ test, and the prospective legal mechanisms that may be utilised to implement a substantive approach are canvassed in detail. This incomparable book brings coherence – and indeed a solution – to the debate about the attribution and use of nationality by corporations in the field of investment treaty law. It is a giant step towards legal certainty as to the need for, and the means by which, limits can be placed on investment treaty jurisdiction for corporate entities. It will be of immense interest to practitioners who advise on jurisdictional issues for clients (whether states or investors) and debate jurisdictional concepts and corporate nationality issues before international tribunals. It will also be a useful resource, and a challenge, to arbitrators regarding the extent to which investment treaty tribunals tolerate manipulation of corporate nationality and circumscribe jurisdiction to protect the legitimacy of the investment treaty system.
Author: Hege Elisabeth Kjos
Publisher: Oxford University Press
ISBN: 0199656959
Category : Law
Languages : en
Pages : 343
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Book Description
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Author:
Publisher:
ISBN:
Category : Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Languages : en
Pages : 420
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Book Description
Author:
Publisher:
ISBN:
Category : Investments, Foreign
Languages : en
Pages : 544
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Book Description
Author: National Library of Medicine (U.S.)
Publisher:
ISBN:
Category : Medicine
Languages : en
Pages : 1068
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Book Description
First multi-year cumulation covers six years: 1965-70.
