Jurisdiction And Admissibility In Investment Arbitration


Jurisdiction And Admissibility In Investment Arbitration
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Jurisdiction And Admissibility In Investment Arbitration


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 this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.



Jurisdiction Admissibility And Choice Of Law In International Arbitration Liber Amicorum Michael Pryles


Jurisdiction Admissibility And Choice Of Law In International Arbitration Liber Amicorum Michael Pryles
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Author : Neil Kaplan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24

Jurisdiction Admissibility And Choice Of Law In International Arbitration Liber Amicorum Michael Pryles written by Neil Kaplan 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 2016-04-24 with Law categories.


The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.



General Principles Of Law And International Investment Arbitration


General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-06-01

General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.


In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.



Evolution In Investment Treaty Law And Arbitration


Evolution In Investment Treaty Law And Arbitration
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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.



The International Law Of Investment Claims


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.



International Investment Arbitration


International Investment Arbitration
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Author : Johan Billiet
language : en
Publisher: Maklu
Release Date : 2016

International Investment Arbitration written by Johan Billiet and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with International commercial arbitration categories.


Investment Arbitration is a multi-billion dollar venture. It is an area of international dispute resolution, which has undergone tremendous growth in recent years and resulted in the signature of thousands of Bilateral Investment Treaties (BITs) between foreign states and several Multilateral Investment Treaties (MITs). Numerous disputes involving these instruments are resolved through international arbitration. Arbitral tribunals have rendered many awards ordering the payment of large sums of money. This handbook provides an explanatory introduction into the area of investment arbitration, differentiating it from commercial arbitration and state-to-state arbitration. It examines the legal framework and the general course of an international investment arbitration. In particular, it focuses on the standards of protection in international investment agreements, the concept of jurisdiction in international investment arbitration and the arbitral award, including the notions of recognition, enforcement and execution. Moreover, this cutting-edge publication contains relevant and recent case law in the area and deals with contemporaneous issues such as the ongoing controversy regarding the future of Intra-EU BITs and Free Trade Agreements as well as the link between vulture funds and investment arbitration. The handbook aims at arbitrators, lawyers, practitioners, academics, students and everyone with an interest in international investment arbitration.



Rules And Practices Of International Investment Law And Arbitration


Rules And Practices Of International Investment Law And Arbitration
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Author : Yannick Radi
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29

Rules And Practices Of International Investment Law And Arbitration written by Yannick Radi 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 2020-10-29 with Law categories.


Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.



Admissibility Of Shareholder Claims Under Investment Treaties


Admissibility Of Shareholder Claims Under Investment Treaties
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Author : Gabriel Bottini
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-17

Admissibility Of Shareholder Claims Under Investment Treaties written by Gabriel Bottini 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 2020-09-17 with Business & Economics categories.


Shareholder treaty claims risk multiple recovery and prejudice to third parties. Admissibility provides a screening mechanism to address these risks.



Investor State Arbitration And Human Rights


Investor State Arbitration And Human Rights
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Author : Filip Balcerzak
language : en
Publisher: BRILL
Release Date : 2017-08-14

Investor State Arbitration And Human Rights written by Filip Balcerzak and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Law categories.


In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.



The International Law Of Investment Claims


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 Law categories.


The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.