international investment arbitration

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The Reasons Requirement In International Investment Arbitration

Author : William Michael Reisman
ISBN : 9789004166325
Genre : Law
File Size : 65. 1 MB
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This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or a oereverse engineera the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.

International Investment Arbitration

Author : Johan Billiet
ISBN : 9789046607961
Genre : International commercial arbitration
File Size : 58. 14 MB
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Investment Arbitration is a multi-billion dollar venture. It is an area of international dispute resolution, which has undergone tremendous growth in recent years and resulted in the signature of thousands of Bilateral Investment Treaties (BITs) between foreign states and several Multilateral Investment Treaties (MITs). Numerous disputes involving these instruments are resolved through international arbitration. Arbitral tribunals have rendered many awards ordering the payment of large sums of money. This handbook provides an explanatory introduction into the area of investment arbitration, differentiating it from commercial arbitration and state-to-state arbitration. It examines the legal framework and the general course of an international investment arbitration. In particular, it focuses on the standards of protection in international investment agreements, the concept of jurisdiction in international investment arbitration and the arbitral award, including the notions of recognition, enforcement and execution. Moreover, this cutting-edge publication contains relevant and recent case law in the area and deals with contemporaneous issues such as the ongoing controversy regarding the future of Intra-EU BITs and Free Trade Agreements as well as the link between vulture funds and investment arbitration. The handbook aims at arbitrators, lawyers, practitioners, academics, students and everyone with an interest in international investment arbitration.

General Principles Of Law And International Investment Arbitration

Author : Andrea Gattini
ISBN : 9789004368385
Genre : Law
File Size : 51. 22 MB
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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Procedural Issues In International Investment Arbitration

Author : Jeffery Commission
ISBN : 0198729030
Genre : Law
File Size : 43. 87 MB
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Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

Transparency In International Investment Arbitration

Author : Dimitrij Euler
ISBN : 9781107077935
Genre : Law
File Size : 73. 23 MB
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This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.

Domestic Law In International Investment Arbitration

Author : Jarrod Hepburn
ISBN : 9780191088674
Genre : Law
File Size : 25. 96 MB
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Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

International Investment Law And Arbitration

Author : Chin Leng Lim
ISBN : 9781107180338
Genre : Law
File Size : 74. 93 MB
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This book covers substance and procedure, including key awards and materials with commentary on past, current and potential developments.

International Investment Arbitration

Author : Campbell McLachlan
ISBN : 0199676801
Genre : Law
File Size : 81. 34 MB
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"[This book reviews] the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law...The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007...Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law."--

International Investment Arbitration

Author : Judge Dr Mohamed A M Ismail
ISBN : 9781409463658
Genre : Law
File Size : 75. 22 MB
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Arbitration is the most common mechanism for disputes' settlement in developing countries. Following the move to free market economies, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for dispute settlement. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations for the future and includes useful appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.

Time For The Appeal Tribunal In Investment

Author : Ahmet Dulger
ISBN : 9781612334684
Genre : Law
File Size : 54. 77 MB
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This Thesis presents a proposal for building an effective, legitimate, and transparent judicial system in the investor-state dispute settlement through an appellate review mechanism for the awards of ad hoc arbitral tribunals. Current investment dispute settlement system includes the arbitration facilities provided by institutions such as ICSID and ad hoc arbitration tribunals agreed by the disputing parties. This Thesis argues that this scheme of investment arbitration lacks the mechanisms for correcting the legal errors and securing the consistency between arbitral awards for the similar issues of investment law. As a comparable mechanism, the WTO Dispute Settlement Mechanism is examined to contribute to the establishment of a viable appellate mechanism in the investment arbitration. The WTO Appellate Body is the leading example for a multilateral dispute settlement mechanism. Therefore, lessons from the WTO experience and structure of the WTO Appellate Body are examined to create a transparent appellate mechanism for investment arbitration. Opposed to the EU TTIP Proposal on the establishment of a tribunal of first instance, the investment law must keep its ad hoc arbitration system in order to respond the unique needs of each dispute. With the aim of improving the dispute settlement system, the Appeal Tribunal, a standing body charged with deciding appeals of law, is at the center of the proposal. By preserving the flexibility of ad hoc tribunals, the Appeal Tribunal would be likely to achieve the goal of harmonizing international investment law.

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