Introduction To Investor State Arbitration

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Introduction To Investor State Arbitration

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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`

Investor State Arbitration

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Author : Christopher Dugan
language : en
Publisher: Oxford University Press, USA
Release Date : 2008

Investor State Arbitration written by Christopher Dugan 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 2008 with Business & Economics 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 Rise Of Investor State Arbitration

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Author : Taylor St. John
language : en
Publisher: Oxford University Press
Release Date : 2018

The Rise Of Investor State Arbitration written by Taylor St. John 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 2018 with Law categories.

This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.

Reshaping The Investor State Dispute Settlement System

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Author : Jean E. Kalicki
language : en
Publisher: Hotei Publishing
Release Date : 2015-02-04

Reshaping The Investor State Dispute Settlement System written by Jean E. Kalicki and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-04 with Law categories.

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Investor State Arbitration And Human Rights

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Author : Filip Balcerzak
language : en
Publisher: International Studies in Human
Release Date : 2017

Investor State Arbitration And Human Rights written by Filip Balcerzak and has been published by International Studies in Human this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

Model situations when human rights are relevant for investor-state arbitration -- Human rights context of jurisdiction and admissibility in investor-state arbitration

Principles Of International Investment Law

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Author : Rudolf Dolzer (jurist)
language : en
Publisher: Oxford University Press
Release Date : 2012-11-15

Principles Of International Investment Law written by Rudolf Dolzer (jurist) 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 2012-11-15 with Business & Economics categories.

This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

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.

Environmental Interests In Investment Arbitration

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Author : Flavia Marisi
language : en
Publisher:
Release Date : 2020

Environmental Interests In Investment Arbitration written by Flavia Marisi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.

Arbitration Costs

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Author : Susan D. Franck
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26

Arbitration Costs written by Susan D. Franck 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 2019-03-26 with Law categories.

Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.

Prospects In International Investment Law And Policy

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Author : Roberto Echandi
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-18

Prospects In International Investment Law And Policy written by Roberto Echandi 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 2013-04-18 with Law categories.

Addresses the most central debates in contemporary investment law and policy.