Settlement Of Investment Disputes Under The Energy Charter Treaty
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Settlement Of Investment Disputes Under The Energy Charter Treaty
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Author : Thomas Roe
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14
Settlement Of Investment Disputes Under The Energy Charter Treaty written by Thomas Roe 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 2011-04-14 with Law categories.
The Energy Charter Treaty has come of age, with almost 50 States parties and a small but growing body of arbitral case law. In this new study of the Treaty's investment protection provisions, Thomas Roe and Matthew Happold set out to identify and explain the Treaty's principal provisions and to suggest answers to some of the difficult problems thrown up by its drafting. They discuss in detail questions such as the standards of protection granted by the Treaty and the international responsibility of States for breaches of the Treaty, the various procedures available for the vindication of rights under the Treaty and the conditions to be satisfied before a claimant's complaint may be considered on the merits. Specific issues addressed include the impact of EU law on claims under the Treaty and the Treaty's provisions concerning taxation.
Energy Dispute Resolution Investment Protection Transit And The Energy Charter Treaty
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Author : Graham Coop
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2011-06-01
Energy Dispute Resolution Investment Protection Transit And The Energy Charter Treaty written by Graham Coop 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 2011-06-01 with Law categories.
Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.
Settlement Of Investment Disputes Under The Energy Charter Treaty
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Author : Thomas Roe
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14
Settlement Of Investment Disputes Under The Energy Charter Treaty written by Thomas Roe 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 2011-04-14 with Law categories.
Treaty-based investment arbitration is becoming increasingly important in international commerce, with the vast majority of such investment cases being filed within the past three years. The issues associated with investment arbitration are therefore of growing interest not only to governments but also to the business and legal communities. Within this overall picture, the Energy Charter Treaty occupies a singular position, providing a unique multilateral investment protection regime for the energy sector. This book seeks to provide practical guidance to the complex operation of the Treaty.
Investment Governance Between The Energy Charter Treaty And The European Union
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Author : Ottavio Quirico
language : en
Publisher: BRILL
Release Date : 2021-07-05
Investment Governance Between The Energy Charter Treaty And The European Union written by Ottavio Quirico and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-05 with Law categories.
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
Investment Protection And The Energy Charter Treaty
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Author : Graham Coop
language : en
Publisher: Juris Publishing, Incorporated
Release Date : 2008
Investment Protection And The Energy Charter Treaty written by Graham Coop and has been published by Juris Publishing, Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Investment Arbitration Under The Energy Charter Treaty
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Author : Thomas W. Waelde
language : en
Publisher:
Release Date : 1997
Investment Arbitration Under The Energy Charter Treaty written by Thomas W. Waelde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Arbitration and award, International categories.
The Future Of Investor State Dispute Settlement
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Author : Ben Beaumont
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-02-13
The Future Of Investor State Dispute Settlement written by Ben Beaumont 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 2024-02-13 with Law categories.
What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.
The Resolution Of International Investment Disputes
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Author : Mariel Dimsey
language : en
Publisher: Eleven International Publishing
Release Date : 2008
The Resolution Of International Investment Disputes written by Mariel Dimsey and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration and award, International categories.
This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.
Investment Arbitration And The Energy Charter Treaty
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Author : Clarisse Ribeiro
language : en
Publisher: Juris Publishing, Incorporated
Release Date : 2006
Investment Arbitration And The Energy Charter Treaty written by Clarisse Ribeiro and has been published by Juris Publishing, Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arbitration (International law categories.
Arbitrating Foreign Investment Disputes
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Author : Norbert Horn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Arbitrating Foreign Investment Disputes written by Norbert Horn 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 2004-01-01 with Law categories.
Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.