Arbitrating The Conduct Of International Investors


Arbitrating The Conduct Of International Investors
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Arbitrating The Conduct Of International Investors


Arbitrating The Conduct Of International Investors
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Author : Jose Daniel Amado
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11

Arbitrating The Conduct Of International Investors written by Jose Daniel Amado 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 2018-01-11 with Law categories.


This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.



Contributory Fault And Investor Misconduct In Investment Arbitration


Contributory Fault And Investor Misconduct In Investment Arbitration
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Author : Martin Jarrett
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-11

Contributory Fault And Investor Misconduct In Investment Arbitration written by Martin Jarrett 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 2019-07-11 with Law categories.


Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.



Foreign Investor Misconduct In International Investment Law


Foreign Investor Misconduct In International Investment Law
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Author : Anna Kozyakova
language : en
Publisher: Springer Nature
Release Date : 2020-11-12

Foreign Investor Misconduct In International Investment Law written by Anna Kozyakova and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.


This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?



Key Duties Of International Investment Arbitrators


Key Duties Of International Investment Arbitrators
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2018-10-31

Key Duties Of International Investment Arbitrators written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-31 with Law categories.


This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.



Rules And Practices Of International Investment Law And Arbitration


Rules And Practices Of International Investment Law And Arbitration
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Author : Yannick Radi
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29

Rules And Practices Of International Investment Law And Arbitration written by Yannick Radi 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 2020-10-29 with Law categories.


Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.



Attribution In International Investment Law


Attribution In International Investment Law
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Author : Csaba Kovács
language : en
Publisher: International Arbitration Law
Release Date : 2018

Attribution In International Investment Law written by Csaba Kovács and has been published by International Arbitration Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.


About this book: Attribution in International Investment Law is the first in-depth book on attribution in international investment law analysing the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide. The term 'attribution' refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements, especially bilateral investment treaties, reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book provides an extensive review of the application of special or customary rules of attribution for the purposes of State responsibility in investor-State disputes. What's in this book: The analysis responds to such questions as the following: When is a conduct attributable to the State for the purposes of its responsibility under international investment law? What legal instruments govern the question of attribution under international investment law? In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty? How can State policymakers minimise their international legal responsibility within the existing framework of attribution in international investment law? How can investors maximise their protection within the existing framework of attribution in international investment law? Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as 'elements of governmental authority' and 'under the direction or control' and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account facilitating the understanding of the diversity of State organisation and the variety of ways in which State enterprises interact with foreign investors or act as foreign investors. How this will help you: A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove to be an invaluable instrumental reference tool for practitioners advising States or investors in investment disputes. Providing practical guidance as to the circumstances in which an act or omission is attributable to a State in international investment law, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, and by academics in international arbitration.



Domestic Law In International Investment Arbitration


Domestic Law In International Investment Arbitration
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Author : Jarrod Hepburn
language : en
Publisher: Oxford University Press
Release Date : 2017

Domestic Law In International Investment Arbitration written by Jarrod Hepburn and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.


Domestic law often plays an important role in investment treaty arbitration, but how it should be addressed is unclear. Drawing on case law, international law principles, and comparative analysis, this book sets out a framework for engaging with domestic law.



Arbitration Under International Investment Agreements


Arbitration Under International Investment Agreements
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Author : Katia Yannaca-Small
language : en
Publisher: Oxford University Press, USA
Release Date : 2010

Arbitration Under International Investment Agreements written by Katia Yannaca-Small and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.


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.



Arbitrating Foreign Investment Disputes


Arbitrating Foreign Investment Disputes
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Author : Norbert Horn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01

Arbitrating Foreign Investment Disputes written by Norbert Horn 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 2004-01-01 with Law categories.


Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.



International Investment Law And Arbitration


International Investment Law And Arbitration
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Author : C. L. Lim
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-11

International Investment Law And Arbitration written by C. L. Lim 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 2021-03-11 with Law categories.


A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.