[PDF] International Challenges In Investment Arbitration - eBooks Review

International Challenges In Investment Arbitration


International Challenges In Investment Arbitration
DOWNLOAD

Download International Challenges In Investment Arbitration PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get International Challenges In Investment Arbitration book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page



International Challenges In Investment Arbitration


International Challenges In Investment Arbitration
DOWNLOAD
Author : Mesut Akbaba
language : en
Publisher: Routledge
Release Date : 2018-09-21

International Challenges In Investment Arbitration written by Mesut Akbaba and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-21 with Law categories.


As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.



Environmental Interests In Investment Arbitration


Environmental Interests In Investment Arbitration
DOWNLOAD
Author : Flavia Marisi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-24

Environmental Interests In Investment Arbitration written by Flavia Marisi 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 2020-01-24 with Law categories.


Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.



The Backlash Against Investment Arbitration


The Backlash Against Investment Arbitration
DOWNLOAD
Author : Michael Waibel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

The Backlash Against Investment Arbitration written by Michael Waibel 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 2010-01-01 with Law categories.


"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.



The Legitimacy Of Investment Arbitration


The Legitimacy Of Investment Arbitration
DOWNLOAD
Author : Daniel Behn
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-13

The Legitimacy Of Investment Arbitration written by Daniel Behn 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 2022-01-13 with Law categories.


A rigorous and empirically-based analysis of the legitimacy challenges facing investment arbitration and the potential for reforms to remedy critique.



Corruption And Fraud In Investment Arbitration


Corruption And Fraud In Investment Arbitration
DOWNLOAD
Author : Adilbek Tussupov
language : en
Publisher: Springer Nature
Release Date : 2022-01-12

Corruption And Fraud In Investment Arbitration written by Adilbek Tussupov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-12 with Law categories.


This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.



Evolution In Investment Treaty Law And Arbitration


Evolution In Investment Treaty Law And Arbitration
DOWNLOAD
Author : Chester Brown
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-17

Evolution In Investment Treaty Law And Arbitration written by Chester Brown 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 2011-11-17 with Law categories.


International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.



Introduction To Investor State Arbitration


Introduction To Investor State Arbitration
DOWNLOAD
Author : Yves Derains
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-10-17

Introduction To Investor State Arbitration written by Yves Derains 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 2018-10-17 with Law categories.


Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`



The Selection And Removal Of Arbitrators In Investor State Dispute Settlement


The Selection And Removal Of Arbitrators In Investor State Dispute Settlement
DOWNLOAD
Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2019-09-24

The Selection And Removal Of Arbitrators In Investor State Dispute Settlement 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 2019-09-24 with Law categories.


The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.



Procedural Issues In International Investment Arbitration


Procedural Issues In International Investment Arbitration
DOWNLOAD
Author : Jeffery Commission
language : en
Publisher: Oxford International Arbitrati
Release Date : 2018

Procedural Issues In International Investment Arbitration written by Jeffery Commission and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.


"Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. [This book]...address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules...[This] book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs."--



Building International Investment Law


Building International Investment Law
DOWNLOAD
Author : Centre international pour le réglement des différends relatifs aux investissements
language : en
Publisher:
Release Date : 2015

Building International Investment Law written by Centre international pour le réglement des différends relatifs aux investissements and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Investments, Foreign categories.