Judicial Acts And Investment Treaty Arbitration
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Judicial Acts And Investment Treaty Arbitration
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Author : Berk Demirkol
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Judicial Acts And Investment Treaty Arbitration written by Berk Demirkol 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 2018-01-11 with Law categories.
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
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.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Investment Treaty Arbitration And Public Law
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Author : Gus Van Harten
language : en
Publisher: Oxford Monographs in Internati
Release Date : 2007
Investment Treaty Arbitration And Public Law written by Gus Van Harten and has been published by Oxford Monographs in Internati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. This book outlines investment treaty arbitration as a public law system and demonstrates how it goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts, and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge, neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.
The Future Of Investment Treaty Arbitration In The Eu
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-16
The Future Of Investment Treaty Arbitration In The Eu 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 2020-07-16 with Law categories.
In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. The Future of Investment Treaty Arbitration in the EU examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments. With contributions from leading academics and practitioners, the book addresses the following themes: Intra-EU investment protection and the rule of law, including the proposed Multilateral Investment Court. The original purpose and features of investment protection, with particular focus on the EU. The Achmea judgment and its impact on the Energy Charter Treaty and energy investments. The ongoing discussion to modernize the Energy Charter Treaty post-Achmea. EU state aid and investment arbitral awards. Recognition and enforcement of investment arbitral awards post-Achmea in EU Member States, including in the light of Brexit. Recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States. This eminently informative book is very timely given the ongoing debate taking place in the EU and internationally regarding the interrelationship between investment treaty arbitration, public international law and EU law. The contributions from leading academics, scholars and European Commission officials provide a balanced, contextualized, detailed and critical analysis that will aid interested stakeholders to navigate their way with confidence through this difficult and changing area of the law. Testimonial: ”...is a welcome addition to the already vast literature focusing on EU investment arbitration. Perhaps the main merit of the book is that it brings together different perspectives on the debates ensuing in this field, offering the reader both the EU perspective and that of public international/investment lawyers. As such, it harmoniously integrates those - sometimes conflicting - views and is a great starting point for anyone unfamiliar with the subject (while also being of relevance to practitioners and academics with a knowledge of intra-EU investment arbitration), allowing the reader to gain an in-depth and fully comprehensive understanding of the legal problems raised in this area.” Alexandros-Catalin Bakos (LL.M) Editor, Revista Româna de Arbitraj / Volume 54, Issue 3/2020, p183-194
Applicable Law In Investor State Arbitration
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Author : Hege Elisabeth Kjos
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21
Applicable Law In Investor State Arbitration written by Hege Elisabeth Kjos 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 2013-03-21 with Law categories.
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Jurisdiction And Admissibility In Investment Arbitration
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Author : Filippo Fontanelli
language : en
Publisher: BRILL
Release Date : 2018-03-27
Jurisdiction And Admissibility In Investment Arbitration written by Filippo Fontanelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-27 with Law categories.
In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.
The Coordination Of Multiple Proceedings In Investment Treaty Arbitration
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Author : Hanno Wehland
language : en
Publisher: OUP Oxford
Release Date : 2013-06-20
The Coordination Of Multiple Proceedings In Investment Treaty Arbitration written by Hanno Wehland and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-20 with Law categories.
This is the first work to comprehensively address the issues arising in the context of multiple proceedings before investment treaty tribunals and propose a systematic approach to applicable coordination mechanisms based on a methodical review of international investment agreements, arbitration rules, arbitral decisions, and legal commentary.
The International Law Of Investment Claims
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Author : Zachary Douglas
language : en
Publisher: Cambridge University Press
Release Date : 2009-06-11
The International Law Of Investment Claims written by Zachary Douglas 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 2009-06-11 with Business & Economics categories.
This book is a codification of the principles and rules relating to the prosecution of investment claims.