Icsid Convention After 50 Years

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Icsid Convention After 50 Years

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Author : Crina Baltag
language : en
Publisher: Kluwer Law International
Release Date : 2017

Icsid Convention After 50 Years written by Crina Baltag and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

ICSID Convention after Fifty Years: Unsettled Issues celebrates the fiftieth anniversary of the Convention on the International Centre for Settlement of Investment Disputes (ICSID Convention or Convention) with an overview and analysis of the International Centre for Settlement of Investment Disputes (ICSID) case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution's next phase. The 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 past half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received its 500th case in 2015. What's in this book: This volume is a collection of 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; proceedings involving a non-contracting State; applicable laws under the ICSID Convention; 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); recognition and enforcement of ICSID arbitral awards; counterclaims; and allocation of costs. The cases involve a broad spectrum of international economic matters, including provisions of the Energy Charter Treaty, exploitation of natural resources, electric power, transportation, construction, finance, communications, water, sanitation, agriculture, fishing and forestry, and service and trade. How this will help you: 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.

The Icsid Convention Regulations And Rules

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Author : Julien Fouret
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27

The Icsid Convention Regulations And Rules written by Julien Fouret 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 2019-12-27 with Law categories.

This major new commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution rules, the ICSID arbitration rules and the ICSID administrative and financial regulations. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for international investment law and international arbitration scholars.

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.

Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals

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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2015-07-14

Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-14 with Law categories.

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.

Legitimacy And International Courts

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Author : Nienke Grossman
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22

Legitimacy And International Courts written by Nienke Grossman 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 2018-02-22 with Law categories.

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

The Icsid Convention

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Author : Christoph Schreuer
language : en
Publisher:
Release Date : 2014-05-14

The Icsid Convention written by Christoph Schreuer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 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).

Guide To Icsid Arbitration

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Author : Lucy Reed
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01

Guide To Icsid Arbitration written by Lucy Reed 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 2011-01-01 with Law categories.

Previous edition, 1st, published in 2004.

A Guide To State Succession In International Investment Law

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Author : Patrick Dumberry
language : en
Publisher:
Release Date : 2018

A Guide To State Succession In International Investment Law written by Patrick Dumberry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration categories.

A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

Investment Treaty Arbitration As Public International Law

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Author : Eric De Brabandere
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-15

Investment Treaty Arbitration As Public International Law written by Eric De Brabandere 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 2014-09-15 with Law categories.

This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

International Protection Of Investments

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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-16

International Protection Of Investments written by August Reinisch 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 2020-07-16 with Law categories.

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.