Arbitration And Dispute Resolution In The Resources Sector
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Arbitration And Dispute Resolution In The Resources Sector
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Author : Gabriël A. Moens
language : en
Publisher: Springer
Release Date : 2015-05-18
Arbitration And Dispute Resolution In The Resources Sector written by Gabriël A. Moens and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-18 with Law categories.
This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.
International Arbitration In Latin America
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Author : Gloria M. Alvarez
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-04-08
International Arbitration In Latin America written by Gloria M. Alvarez 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 2021-04-08 with Law categories.
Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.
International Arbitration In The Energy Sector
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Author : Maxi Scherer
language : en
Publisher: Oxford University Press
Release Date : 2018-02-22
International Arbitration In The Energy Sector written by Maxi Scherer 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 2018-02-22 with Law categories.
Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.
Formalisation And Flexibilisation In Dispute Resolution
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Author : Joachim Zekoll
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-25
Formalisation And Flexibilisation In Dispute Resolution written by Joachim Zekoll and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-25 with Law categories.
Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.
Mediation As A Mandatory Pre Condition To Arbitration
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Author : Ana Ubilava
language : en
Publisher: BRILL
Release Date : 2022-11-21
Mediation As A Mandatory Pre Condition To Arbitration written by Ana Ubilava and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-21 with Business & Economics categories.
Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
The Guide To Mining Arbitrations
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Author : Jason Fry
language : en
Publisher:
Release Date : 2019
The Guide To Mining Arbitrations written by Jason Fry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with International commercial arbitration categories.
Arbitration In Argentina
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Author : Fabricio Fortese
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-17
Arbitration In Argentina written by Fabricio Fortese 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 2020-11-17 with Law categories.
This publication is the most comprehensive international book on arbitration in Argentina. It provides a complete description and analysis of the historical and contemporary structure of arbitration law and practice in the country, which is based on the UNCITRAL Model Law. Its chapters are authored by many of the most regarded Argentine authorities, many of whom are responsible for drafting Argentina’s current arbitration regulation. Throughout its thirty-one chapters, the book covers an ample number of topics in commercial and investment arbitration, and an exhaustive analysis of arbitration in different specific fields (energy, sports, consumers, among others). Some of the topics addressed in this book include the following: regulatory framework of arbitration in Argentina; arbitration agreements; arbitral proceedings and the applicable law; issues of arbitrability; interim measures; costs and financing of arbitrations; validity, recognition and enforcement of awards; arbitration and the MERCOSUR. This publication also includes some particular studies, for example those related to the tensions between investment arbitration and human rights, as well as the relationship between the country and the ICC, and the PCA. Although mainly focused in Argentina, the discussions contained in several contributions exceed such geographical boundaries. Given that the law and practice of arbitration in Argentina has seen remarkable changes in recent decades, this book is an essential tool for arbitrators, judges, in-house counsels, global law firms, large- and medium-sized companies doing transnational business, interested academics, and international arbitration centres. Because this publication draws from the teachings and experience of leading academics and practitioners, arbitration specialists will find in it all the guidance needed to identify and assess the different theoretical and practical legal avenues available when working on arbitrations with a seat in Argentina or with an Argentine element.
Social License And Dispute Resolution In The Extractive Industries
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Author : Cory H. Kent
language : en
Publisher: International and Comparative
Release Date : 2021
Social License And Dispute Resolution In The Extractive Industries written by Cory H. Kent and has been published by International and Comparative this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Introduction / Lorraine DeGerminy, Joachim Knoll and Timothy Foden -- Third-party funding in international arbitration - current status, development and cases involving mining disputes / Boris Biksadský, Stefano Paolo Catelani, Vernon T. Nava -- The global natural resources dispute resolution centre and a practical guide to its draft rules / Darrell W. Podowski, Zaid Jivani, Caroline Ming -- Assessing investor misconduct in mining disputes - legality requirements, clean hands, and contributory fault / Johannes Hendrik Fahner -- A license to mine seeking the approval of affected communities through operational-level grievance mechanisms / Başak Bağlayan -- International law challenges to Peruvian mining regulation / Clara María López Rodríguez -- Social license to operate gold mining in Kyrgyzstan / Luke Grenfell-Shaw and Kemel Toktomushev -- Deep seabed mining the next frontier in international investment law / Patricia Cruz Trabanino -- General conclusion human rights? / Stéphane Brabant and Katherine Simpson.
The Developing World Of Arbitration
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-22
The Developing World Of Arbitration written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.
International Commercial And Investor State Arbitration
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Author : Luke Nottage
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
International Commercial And Investor State Arbitration written by Luke Nottage and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.