Key Duties Of International Investment Arbitrators
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Key Duties Of International Investment Arbitrators
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2018-12-14
Key Duties Of International Investment Arbitrators written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-14 with Law categories.
This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.
Key Duties Of International Investment Arbitrators
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2018-10-31
Key Duties Of International Investment Arbitrators written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-31 with Law categories.
This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a numberof ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.
The Selection And Removal Of Arbitrators In Investor State Dispute Settlement
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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.
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.
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.
Public Actors In International Investment Law
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Author : Catharine Titi
language : en
Publisher: Springer
Release Date : 2022-01-11
Public Actors In International Investment Law written by Catharine Titi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-11 with categories.
Chrysoula Mavromati and Sarah Spottiswood, Voices that Shape Investment Treaties: Inside, Outside and Among States.- Tarcisio Gazzini, Beyond Protection: The Role of the Home State in Modern Foreign Investment Law.- Aniruddha Rajput, National Courts as Actors in Investment Arbitration.- Phoebe D. Winch, State Immunity and the Execution of Investment Arbitration Awards.- Kendra Magraw, Trends and ISDS Backlash related to Non-Disputing Treaty Party Submissions.- Rebecca E. Khan, Not a Third Party: Home State Participation as a Matter of Right in Investment Treaty Arbitration.- Carlos José Valderrama, Investor-State Dispute Prevention: The Perspective of Peru.- Federica Cristani, The Role of Sub-Regional Systems in Shaping International Investment Law-making: The Case of the Visegrád Group.- Thomas Nektarios Papanastasiou, The Implications of Political Risk Insurance in the Governance of Energy Projects: Τhe Case of Japan's Public Insurance Agencies.- Pascale Accaoui Lorfing, Screening of Foreign Direct Investment and the States' Security Interests in Light of the OECD, UNCTAD and Other International Guidelines.
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.
Private Actors In International Investment Law
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Author : Katia Fach Gómez
language : en
Publisher: Springer Nature
Release Date : 2021-01-25
Private Actors In International Investment Law written by Katia Fach Gómez and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-25 with Law categories.
This book presents the first critical review of the less frequently addressed stakeholders in international investment law. Focusing on private actors, including but not limited to lawyers, experts, funders, civil society, the media and scholars, the book highlights the variety of actors that help shape international investment law and demonstrates how best to manage their interactions in order to achieve synergies and enhance the legitimacy of this pluralistic field.
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.
International Investment Law And Arbitration
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Author : Todd Weiler
language : en
Publisher: Cameron May
Release Date : 2005
International Investment Law And Arbitration written by Todd Weiler and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Presents a collection of essays.