Toward Uniformly Accepted Principles for Interpreting MFN Clauses PDF Download
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Author: Nudrat Ejaz Piracha
Publisher: Kluwer Law International B.V.
ISBN: 9403532742
Category : Law
Languages : en
Pages : 606
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Book Description
siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.
Author: Nudrat Ejaz Piracha
Publisher: Kluwer Law International B.V.
ISBN: 9403532742
Category : Law
Languages : en
Pages : 606
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Book Description
siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.
Author: Stephan W. Schill
Publisher: Kluwer Law International B.V.
ISBN: 9403542128
Category : Law
Languages : en
Pages : 736
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Book Description
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVI (2021) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA), as well as awards rendered in accordance with the rules of the Stockholm Chamber of Commerce (SCC); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Belize, Brazil, Ecuador, Ethiopia, Hong Kong SAR, India, Iran, Iraq, Malawi, Ukraine, and Uzbekistan ; • excerpts of 85 court decisions applying the 1958 New York Convention from 28 countries – including, for the first time, cases from Costa Rica, Cuba, and Iran – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; • excerpts from three decisions applying the 1965 Washington (ICSID) Convention and three decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of nine court decisions of general interest; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Author: Konrad Turnbull
Publisher: Cambridge University Press
ISBN: 1009255428
Category : Law
Languages : en
Pages : 433
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Book Description
This edited volume provides an in-depth study of customary international law and its interpretation in international investment law.
Author: Hélène Ruiz Fabri
Publisher: Bloomsbury Publishing
ISBN: 1509929061
Category : Law
Languages : en
Pages : 663
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Book Description
Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.
Author: Stephan W. Schill
Publisher: Oxford University Press
ISBN: 0199589100
Category : Law
Languages : en
Pages : 922
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Book Description
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author: Tarcisio Gazzini
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214534
Category : Law
Languages : en
Pages : 363
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Book Description
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Author: Stephan W. Schill
Publisher: Cambridge University Press
ISBN: 0521762367
Category : Law
Languages : en
Pages : 491
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Book Description
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
Author: Roberto Echandi
Publisher: Cambridge University Press
ISBN: 1107035864
Category : Law
Languages : en
Pages : 495
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Book Description
Addresses the most central debates in contemporary investment law and policy.
Author: Andrea Gattini
Publisher: BRILL
ISBN: 9004368388
Category : Law
Languages : en
Pages : 475
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Book Description
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 1108882706
Category : Law
Languages : en
Pages : 1662
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Book Description
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
