Proportionality In Investor State Arbitration
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Proportionality In Investor State Arbitration
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Author : Gebhard Bücheler
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Proportionality In Investor State Arbitration written by Gebhard Bücheler 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 2015 with Law categories.
While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.
Proportionality And Deference In Investor State Arbitration
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Author : Caroline Henckels
language : en
Publisher: Cambridge University Press
Release Date : 2015-10-15
Proportionality And Deference In Investor State Arbitration written by Caroline Henckels 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 2015-10-15 with Law categories.
Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Proportionality Reasonableness And Standards Of Review In International Investment Law And Arbitration
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Author : Valentina Vadi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27
Proportionality Reasonableness And Standards Of Review In International Investment Law And Arbitration written by Valentina Vadi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with LAW categories.
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
Investment Treaty Arbitration And International Law Volume 8
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Author : Ian A. Laird
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2015-03-01
Investment Treaty Arbitration And International Law Volume 8 written by Ian A. Laird and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-01 with Conflict of laws categories.
This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker
Investor State Arbitration
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Author : Christopher Dugan
language : en
Publisher: Oxford University Press
Release Date : 2011-11-25
Investor State Arbitration written by Christopher Dugan 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 2011-11-25 with Law 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 Role Of The State In Investor State Arbitration
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Author : Shaheeza Lalani
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-11-21
The Role Of The State In Investor State Arbitration written by Shaheeza Lalani and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-21 with Law categories.
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.
Damages In Investor State Arbitration
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Author : Irmgard Marboe
language : en
Publisher: BRILL
Release Date : 2018-05-15
Damages In Investor State Arbitration written by Irmgard Marboe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Law categories.
Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.
International Investment Law And Arbitration
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Author : Borzu Sabahi
language : en
Publisher: BRILL
Release Date : 2018-07-17
International Investment Law And Arbitration written by Borzu Sabahi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Law categories.
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
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 In A Changing World Order
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Author : Alexander W. Resar
language : en
Publisher: BRILL
Release Date : 2021-06-22
Investor State Arbitration In A Changing World Order written by Alexander W. Resar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Law categories.
Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.