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Author: Monique Sasson
Publisher:
ISBN: 9789041161031
Category : Arbitration and award
Languages : en
Pages : 0
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Book Description
Preface --List of Abbreviations --Introduction: The Unsettled Relationship Between International Law and Municipal Law --Attribution under the Law of State Responsibility --Article 42 of the ICSID Convention and the Relationship Between International Law and Municipal Law --Investor Nationality under Municipal and International Law --From Property to Investment --Shareholders' Rights --Treaty Versus Contract Claims, and Umbrella Clauses: When a Contract Breach May Become a Treaty Breach --The Unsettled Relationship Between International and Municipal Law --Appendices.
Author: Monique Sasson
Publisher:
ISBN: 9789041161031
Category : Arbitration and award
Languages : en
Pages : 0
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Book Description
Preface --List of Abbreviations --Introduction: The Unsettled Relationship Between International Law and Municipal Law --Attribution under the Law of State Responsibility --Article 42 of the ICSID Convention and the Relationship Between International Law and Municipal Law --Investor Nationality under Municipal and International Law --From Property to Investment --Shareholders' Rights --Treaty Versus Contract Claims, and Umbrella Clauses: When a Contract Breach May Become a Treaty Breach --The Unsettled Relationship Between International and Municipal Law --Appendices.
Author: Meg Kinnear
Publisher: Kluwer Law International B.V.
ISBN: 9041161414
Category : Law
Languages : en
Pages : 723
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Book Description
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author: Andrew Paul Newcombe
Publisher: Kluwer Law International B.V.
ISBN: 9041123512
Category : Political Science
Languages : en
Pages : 644
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Book Description
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
Author: Chester Brown
Publisher: Cambridge University Press
ISBN: 1139503618
Category : Law
Languages : en
Pages : 747
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Book Description
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.
Author: Campbell McLachlan
Publisher: Oxford International Arbitrati
ISBN: 9780199676804
Category : Law
Languages : en
Pages : 0
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Book Description
Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.
Author: Berk Demirkol
Publisher: Cambridge University Press
ISBN: 1107198461
Category : Law
Languages : en
Pages : 291
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Book Description
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Author: Katia Yannaca-Small
Publisher:
ISBN: 0195340698
Category : Business & Economics
Languages : en
Pages : 790
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Book Description
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.
Author: Reza Eftekhar
Publisher: BRILL
ISBN: 9004469605
Category : Law
Languages : en
Pages : 422
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Book Description
The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant “localisation” theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of the investment treaty law. This is a significant milestone in the ongoing discussions on the reform of the investment treaty dispute settlement regime.
Author: Rudolf Dolzer
Publisher: Oxford University Press
ISBN: 019267241X
Category : Law
Languages : en
Pages : 583
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Book Description
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Author: Fabio Bortolotti
Publisher:
ISBN: 9789041161017
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
This book examines the issue of applicable law in international arbitration and tackles some of the complex questions through a series of short essays that may arise for arbitrators during a case.
