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International Investment Arbitration


International Investment Arbitration
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International Investment Law And Arbitration


International Investment Law And Arbitration
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Author : C. L. Lim
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-11

International Investment Law And Arbitration written by C. L. Lim 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 2021-03-11 with Law categories.


A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.



State To State Arbitration Based On International Investment Agreements


State To State Arbitration Based On International Investment Agreements
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Author : Angshuman Hazarika
language : en
Publisher:
Release Date : 2021

State To State Arbitration Based On International Investment Agreements written by Angshuman Hazarika and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.


This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book's main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.



International Investment Arbitration


International Investment Arbitration
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Author : Campbell McLachlan
language : en
Publisher: Oxford International Arbitrati
Release Date : 2017

International Investment Arbitration written by Campbell McLachlan 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 2017 with Law categories.


Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.



Transparency In International Investment Arbitration


Transparency In International Investment Arbitration
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Author : Dimitrij Euler
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-10

Transparency In International Investment Arbitration written by Dimitrij Euler 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 2015-08-10 with Education categories.


This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.



The Legitimacy Of Investment Arbitration


The Legitimacy Of Investment Arbitration
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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.



International Challenges In Investment Arbitration


International Challenges In Investment Arbitration
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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.



Evidence In International Investment Arbitration


Evidence In International Investment Arbitration
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Author : Frédéric Gilles Sourgens
language : en
Publisher: Oxford University Press, USA
Release Date : 2018

Evidence In International Investment Arbitration written by Frédéric Gilles Sourgens 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 2018 with Law categories.


Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.



Corruption In International Investment Arbitration


Corruption In International Investment Arbitration
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Author : Aloysius P. Llamzon
language : en
Publisher: Oxford International Arbitrati
Release Date : 2014

Corruption In International Investment Arbitration written by Aloysius P. Llamzon 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 2014 with Law categories.


This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means foreffective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combatcorruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trendsemerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in "live" issues of corruption within arbitral proceedings. Part III reflects on the implications ofthese trends for both the "supply" and "demand" sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.



Domestic Law In International Investment Arbitration


Domestic Law In International Investment Arbitration
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Author : Jarrod Hepburn
language : en
Publisher: Oxford University Press
Release Date : 2017-03-01

Domestic Law In International Investment Arbitration written by Jarrod Hepburn 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 2017-03-01 with Law categories.


Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.



The Backlash Against Investment Arbitration


The Backlash Against Investment Arbitration
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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.