Fifteen Years of NAFTA Chapter 11 Arbitration PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Fifteen Years of NAFTA Chapter 11 Arbitration PDF full book. Access full book title Fifteen Years of NAFTA Chapter 11 Arbitration by Emmanuel Gaillard. Download full books in PDF and EPUB format.
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833769
Category : Arbitration and award
Languages : en
Pages : 316
Get Book Here
Book Description
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833769
Category : Arbitration and award
Languages : en
Pages : 316
Get Book Here
Book Description
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.
Author: Meg N. Kinnear
Publisher:
ISBN: 9789041123398
Category : Law
Languages : en
Pages : 974
Get Book Here
Book Description
With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3years, public and professional interest in this topic has been growing significantly. Quite simply,anyone doing business under NAFTA, or anyone representing a company doing business underNAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, KluwerLaw International's Investment Disputes Under NAFTA is the must-have resource for anyoneplanning ' or already involved in ' a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures havebeen developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only Investment Disputes Under NAFTA delivers: Article-by-Article explanations of the ins and outs of Chapter 11 A valuable collection of key case law that has been affected by Chapter 11 Accurate and thorough cross-referencing to help you quickly and easily find all relevant material Logical organization of all materials as well as a complete index and table of cases This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's Investment Disputes Under NAFTA also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case.
Author: Charles H. Brower
Publisher: Kluwer Law International B.V.
ISBN: 9041122850
Category : Law
Languages : en
Pages : 774
Get Book Here
Book Description
This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-along reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography.
Author: Jack J. Coe
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
NAFTA Chapter 11 establishes certain guarantees and an arbitral mechanism by which qualifying investors may seek damages for breach of these guarantees. This article offers an interim appraisal of the Chapter 11 investor-state arbitration regime, and the effects of this regime on NAFTA's substantive jurisprudence. The first section of the article provides an overview of NAFTA's investor-state arbitral mechanism, focusing on the broad themes of claim processing architecture, the hybrid nature (including public and private features) of Chapter 11 arbitration, the preeminence of jurisdiction-related issues, and the accessibility and importance of NAFTA jurisprudence This first section also outlines docket characteristics, the processes of NAFTA jurisprudence, reasoning methodologies, and tribunal attitudes. The second section of the article discusses popular misgivings related to the NAFTA Chapter 11 dispute resolution process, focusing on issues of standing, predictability of outcome, process transparency, tribunal accountability, effect on regulation, and the perception of alien advantage. The final section of the article discusses the various control mechanisms for Chapter 11 proceedings, outlining the positive and negative traits of these mechanisms and offering suggestions for how they can be improved. This section also discusses the system's standards for set-aside.
Author: Paul W. Poteet
Publisher:
ISBN:
Category :
Languages : en
Pages : 276
Get Book Here
Book Description
Author: Sergio Puig de la Parra
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 160
Get Book Here
Book Description
Author: Jasmine Wahhab
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 181
Get Book Here
Book Description
Author: Sanford E. Gaines
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Have investors used NAFTA Chapter 11 to thwart the fair application of environmental protection measures? Are the compensation awards discouraging governments from taking environmental protection measures they would otherwise want to take? This report empirically reviews four arbitrations under Chapter 11 to try to answer those two questions. The case studies address the first question objectively. The government paid compensation in three cases (Metalclad, Ethyl, and S.D. Myers) in which the government had little scientific information to support its action and the surrounding circumstances strongly indicate that environmental protection was a cover for local political battles and economic motivations. In the two cases against Canada, the federal government withdrew the measure in question and the underlying environmental issue later resolved itself through changes in technology and market pressures. Nine years after Metalclad filed its case against Mexico, the ecological zone declared by the state governor to block the landfill has yet to be formally created or funded, there is no modern hazardous waste disposal capacity in industrialized central Mexico, pre-existing environmental contamination at the site still has not been cleaned up, and Mexico has had to compensate a Spanish investor in a similar case. In the fourth NAFTA arbitration, Methanex (a Canadian methanol producer), the investor was held not to have a claim under Chapter 11 because the regulation affected a product made by others with methanol, not methanol itself. Moreover, the Chapter 11 tribunal concluded that California had identified a legitimate environmental problem and conducted independent scientific assessment before adopting the MTBE ban, and thus had not acted with deliberate intent to favor a domestic competitor. The answer to the second question - Is Chapter 11 "chilling" government environmental protection efforts? - is more elusive and subjective, but the report infers from the available evidence that the chilling effect, if it exists at all, is not significant. After Metalclad, Mexico improved environmental regulation with new legislation to establish a national strategy for management of hazardous waste and to improve transparency of public decision making. The circumstances in Canada are less clear, but Ethyl's fuel additive is scarcely used any more in Canada, and the handling of PCB wastes involved in S.D. Myers has shifted to technologies besides stationary incinerators. In the United States, the Methanex Chapter 11 claim did not dissuade other states from following California in banning MTBE. Moreover, the dismissal of the Methanex claim shows that Chapter 11 does not create an easy route to challenge environmental measures. After the four early cases studied here, only one Chapter 11 claim in the last five years involves substantive matters of environmental regulation. Meanwhile, the governments have made Chapter 11 procedures significantly more open and transparent.
Author: Meg N. Kinnear
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Symposium: Investment, Sovereignty, and Justice. 17, 2000, San Francisco, Calif..
Publisher:
ISBN:
Category :
Languages : en
Pages : 253
Get Book Here
Book Description
