Annulment Of Icsid Awards
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Annulment Of Icsid Awards
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Author : Emmanuel Gaillard
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2004
Annulment Of Icsid Awards written by Emmanuel Gaillard and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Annulment Of Icsid Awards
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Author : Emmanuel Gaillard
language : en
Publisher:
Release Date : 2004
Annulment Of Icsid Awards written by Emmanuel Gaillard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Aufhebung categories.
Annulment Of Icsid Awards Recent Developments
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Author : Johnson
language : en
Publisher:
Release Date :
Annulment Of Icsid Awards Recent Developments written by Johnson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Empirical Study
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Author :
language : en
Publisher:
Release Date : 2021
Empirical Study written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Building International Investment Law
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Author : Meg Kinnear
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-22
Building International Investment Law written by Meg Kinnear and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Law categories.
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.
The International Effectiveness Of The Annulment Of An Arbitral Award
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Author : Hamid Gharavi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-03-14
The International Effectiveness Of The Annulment Of An Arbitral Award written by Hamid Gharavi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-14 with Law categories.
In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.
Annulment Under The Icsid Convention
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Author : R. Doak Bishop
language : en
Publisher: OUP Oxford
Release Date : 2012-12-06
Annulment Under The Icsid Convention written by R. Doak Bishop and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
Systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far, and alongside existing literature.
The Continuing Appeal Of Annulment
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Author : Andrea Bjorklund
language : en
Publisher:
Release Date : 2006
The Continuing Appeal Of Annulment written by Andrea Bjorklund and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Parties to an ICSID arbitration are able to seek annulment of an award rendered under the ICSID Convention, but are not able to appeal the merits of the award. This control mechanism was adopted after careful consideration and negotiation as a way to monitor the integrity of ICSID Convention arbitration without imperiling the goal of achieving relatively quick and final resolution of investment disputes. Both Amco Asia v. the Republic of Indonesia and CME v. the Czech Republic raised concerns in the arbitral community; their outcomes seemed to threaten the legitimacy of investor-State arbitration. With Amco Asia the concern was that annulment proceedings might too easily become full-fledged appellate review, thereby undermining the balance between finality and correctness of awards achieved by those designing the ICSID Convention's control mechanism, whereas with CME it was the unavailability of appellate review which seemed problematic. Deciding whether establishment of an appellate mechanism is reasonable depends on the weight given to different objectives served by investor-State arbitration generally and the purpose an appellate body would serve within that framework. An appellate body would, ideally, help to establish systemic regularity and predictability for both investors and States. It is possible, however, that establishing this mechanism would undercut to a significant extent the underlying purpose of the ICSID Convention - the encouragement of foreign direct investment. Moreover, an appellate body would not necessarily be able to resolve all legitimacy issues, and its failure to do so could backfire, generating even more criticism about the integrity of investor-State arbitration. The international arbitral community would be advised to consider these questions carefully before making decisions. Festina lente.
The Icsid Convention
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Author : Christoph Schreuer (juriste)
language : en
Publisher: Cambridge University Press
Release Date : 2009
The Icsid Convention written by Christoph Schreuer (juriste) and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arbitration and award categories.
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Icsid Convention After 50 Years Unsettled Issues
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-02-15
Icsid Convention After 50 Years Unsettled Issues written by Crina Baltag and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-15 with Law categories.
The International Centre for Settlement of Investment Disputes (ICSID) has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments — probably the most notable development of international law of the last half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received in 2015 its 500th case. This book celebrates this anniversary with an overview and analysis of ICSID case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution’s next phase. This volume collects twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following: • the political and economic reasons behind the creation of the ICSID; • admissibility and jurisdiction; • ICSID vis-à-vis bilateral investment treaties; • States’ concerns about the ‘partiality’ of arbitrators in favour of investors; • applicable laws under the ICSID Convention; • fact-finding rules; • conflicting interpretations of ICSID Convention provisions; • interaction of foreign investment and economic development; • value of ICSID awards in the light of EU law; • annulment of ICSID awards; • effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India); • attribution of conduct of State-owned enterprises (SOEs); • counterclaims; • guarantees against political risk; and • allocation of costs. As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital — and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation — this book has no peers. Considering the current crisis of investment law, the book’s immediate value not only to investors and their counsel but also to practitioners and academics in the field of investment law and arbitration and public international law cannot be overstated. Dr Crina Baltag is the author of Kluwer’s 2012 book The Energy Charter Treaty: The Notion of Investor and the Associate Editor of Kluwer Arbitration Blog.