Icsid Convention After 50 Years
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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.
Building International Investment Law
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Author : Meg Kinnear
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-22
Building International Investment Law written by Meg Kinnear 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 2015-12-22 with Law categories.
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
The History Of Icsid
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Author : Antonio R. Parra
language : en
Publisher: OUP Oxford
Release Date : 2012-08-09
The History Of Icsid written by Antonio R. Parra and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-09 with Law categories.
This is the first book to detail the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank. It is essential reading for those involved in this field.
The Icsid Convention
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Author : Christoph Schreuer (juriste)
language : en
Publisher: Cambridge University Press
Release Date : 2009
The Icsid Convention written by Christoph Schreuer (juriste) 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 2009 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).
The Independence And Impartiality Of Icsid Arbitrators
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Author : Maria Nicole Cleis
language : en
Publisher: BRILL
Release Date : 2017-06-06
The Independence And Impartiality Of Icsid Arbitrators written by Maria Nicole Cleis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Law categories.
The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Annulment Of Icsid Awards
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Author : Emmanuel Gaillard
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2004
Annulment Of Icsid Awards written by Emmanuel Gaillard and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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 : 2015-08-14
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 2015-08-14 with Law categories.
Challenges and Recusal of Judges and Arbitrators in International Courts and Tribunals provides an in-depth analysis of a fundamental control mechanism of international dispute resolution in the context of some of the main international courts and tribunals. The book also assesses specific grounds and standards for challenging judges and arbitrators, and includes both regional and personal perspectives.
Icsid An Introduction To The Convention And Centre
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Author : Antonio Parra
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-03-17
Icsid An Introduction To The Convention And Centre written by Antonio Parra 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 2020-03-17 with Law categories.
Based on the author's Hague Lectures on ICSID, this book on ICSID and the ICSID Convention provides a detailed introduction to the world's leading institution devoted to international investment dispute settlement. Fully up-to-date as of mid-2019, the book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards. The author also discusses efforts to reform international investment dispute settlement in general and ICSID arbitration in particular. ICSID: An Introduction to the Convention and Centre is an authoritative, essential guide for students, practitioners, policymakers, investors, NGO activists, and journalists with an interest in Investor-state dispute settlement.
Legitimacy And International Courts
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Author : Harlan Grant Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
Legitimacy And International Courts written by Harlan Grant Cohen 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 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.