Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration
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Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration
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Author : Christina L. Beharry
language : en
Publisher: BRILL
Release Date : 2018-04-12
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration written by Christina L. Beharry and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration
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Author : Christina L. Beharry
language : en
Publisher: Nijhoff International Investme
Release Date : 2018
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration written by Christina L. Beharry and has been published by Nijhoff International Investme this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
"Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and states. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. [This book] examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law."--
Investor State Arbitration
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Author : Christopher Dugan
language : en
Publisher: Oxford University Press
Release Date : 2011-11-25
Investor State Arbitration written by Christopher Dugan 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 2011-11-25 with Law categories.
I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.
The Oxford Handbook Of International Investment Law
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Author : Peter Muchlinski
language : en
Publisher: OUP Oxford
Release Date : 2008-06-26
The Oxford Handbook Of International Investment Law written by Peter Muchlinski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-26 with Law categories.
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Damages In Investor State Arbitration
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Author : Irmgard Marboe
language : en
Publisher:
Release Date : 2018
Damages In Investor State Arbitration written by Irmgard Marboe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with International commercial arbitration categories.
Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.
Damages In Investor State Arbitration
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Author : Irmgard Marboe
language : en
Publisher: BRILL
Release Date : 2018-05-15
Damages In Investor State Arbitration written by Irmgard Marboe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Law categories.
Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.
Investor State Arbitration And Human Rights
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Author : Filip Balcerzak
language : en
Publisher: BRILL
Release Date : 2017-08-14
Investor State Arbitration And Human Rights written by Filip Balcerzak and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Law categories.
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.
Arbitration Under International Investment Agreements
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Author : Katia Yannaca-Small
language : en
Publisher: Oxford University Press on Demand
Release Date : 2010
Arbitration Under International Investment Agreements written by Katia Yannaca-Small and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.
International Investment Law And Arbitration
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Author : Borzu Sabahi
language : en
Publisher: BRILL
Release Date : 2018-07-17
International Investment Law And Arbitration written by Borzu Sabahi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Law categories.
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
Jurisdiction And Admissibility In Investment Arbitration
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Author : Filippo Fontanelli
language : en
Publisher: BRILL
Release Date : 2018-03-27
Jurisdiction And Admissibility In Investment Arbitration written by Filippo Fontanelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-27 with Law categories.
In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.