Balancing The Protection Of Foreign Investors And States Responses In The Post Pandemic World
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Balancing The Protection Of Foreign Investors And States Responses In The Post Pandemic World
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Author : Yulia Levashova
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-05-11
Balancing The Protection Of Foreign Investors And States Responses In The Post Pandemic World written by Yulia Levashova 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 2022-05-11 with Law categories.
The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.
International Arbitration And The Covid 19 Revolution
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Author : Maxi Scherer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-17
International Arbitration And The Covid 19 Revolution written by Maxi Scherer 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.
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
Investor State Arbitration In A Changing World Order
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Author : Alexander W. Resar
language : en
Publisher: BRILL
Release Date : 2021-06-22
Investor State Arbitration In A Changing World Order written by Alexander W. Resar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Law categories.
Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.
Yearbook Commercial Arbitration Volume Xlvii 2022
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Author : Stephan W. Schill
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-12-13
Yearbook Commercial Arbitration Volume Xlvii 2022 written by Stephan W. Schill 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 2022-12-13 with Law categories.
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVII (2022) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Bahrain, British Virgin Islands, Canada, PR China, Egypt, Greece, India, Italy, Czech Republic, Malta, Portugal, Sierra Leone, Singapore, Turkmenistan, and Ukraine; excerpts of 82 decisions applying the 1958 New York Convention from 30 countries - including, for the first time, cases from El Salvador - all indexed by subject matter and linked to the commentaries on the New York Convention published in the yearbook, authored by formal General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from one decision applying the 1965 Washington (ICSID) Convention and one decision applying the 1975 Panama (Inter-American) Convention, as well as a selection of thirteen court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Handbook Of International Investment Law And Policy
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Author : Julien Chaisse
language : en
Publisher: Springer
Release Date : 2021-08-17
Handbook Of International Investment Law And Policy written by Julien Chaisse and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-17 with Law categories.
The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.
Public Health In International Investment Law And Arbitration
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Author : Valentina Vadi
language : en
Publisher: Routledge
Release Date : 2013
Public Health In International Investment Law And Arbitration written by Valentina Vadi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business & Economics categories.
As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.
Revisiting Public Private Partnerships
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Author : Tharun Dolla
language : en
Publisher: Springer Nature
Release Date : 2023-12-29
Revisiting Public Private Partnerships written by Tharun Dolla and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-29 with Law categories.
This edited volume discusses the resilience of public-private partnerships (PPPs) in the wake of the COVID-19 pandemic. Using a comparative lens, the book assesses the degree to which global PPP infrastructure projects have been affected by the pandemic and details short term and long-term measures undertaken by governments and private parties to mitigate disruption to infrastructure delivery. Secondly, it focuses on improving the state-of-art knowledge by suggesting future directions to be taken by governments, practitioners, and researchers in order to create resilience in infrastructure projects when using PPPs as the delivery model. Chapters present diverse case studies of PPP governance across countries, covering topics such as regulatory issues, risk management, financing, contractual governance, arbitration, and stakeholder management. Providing a systematic review, assessment, and research agenda on lessons learned from the pandemic, this volume will appeal to researchers and students of public administration, public economics, construction management, infrastructure management, and public management, as well as practitioners and government professionals.
The Political Economy Of The Investment Treaty Regime
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Author : Jonathan Bonnitcha
language : en
Publisher: Oxford University Press
Release Date : 2017
The Political Economy Of The Investment Treaty Regime written by Jonathan Bonnitcha 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 Business & Economics categories.
Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.
World Investment Report 2020
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Author : Organizacja Narodów Zjednoczonych
language : en
Publisher:
Release Date :
World Investment Report 2020 written by Organizacja Narodów Zjednoczonych and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Adb International Investment Agreement Tool Kit
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Author : Tom Kirchmaier
language : en
Publisher: Asian Development Bank
Release Date : 2021-05-01
Adb International Investment Agreement Tool Kit written by Tom Kirchmaier and has been published by Asian Development Bank this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-01 with Computers categories.
International investment agreements (IIAs) are important in attracting foreign direct investment, and they are becoming more numerous, varied, and complex. To help policymakers, businesses, and researchers compare and analyze agreements and their implications, the Asian Development Bank (ADB) has created an online database of concluded IIAs involving the Asia and Pacific region. The ADB IIA Tool Kit codifies 15 key investment provisions and includes bilateral investment treaties and investment chapters of free trade agreements. This publication introduces the tool kit and provides a comprehensive analysis of investment treaties and arbitration design.