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The Coordination Of Multiple Proceedings In Investment Treaty Arbitration


The Coordination Of Multiple Proceedings In Investment Treaty Arbitration
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The Coordination Of Multiple Proceedings In Investment Treaty Arbitration


The Coordination Of Multiple Proceedings In Investment Treaty Arbitration
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Author : Hanno Wehland
language : en
Publisher:
Release Date : 2013

The Coordination Of Multiple Proceedings In Investment Treaty Arbitration written by Hanno Wehland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Commercial treaties categories.


This work comprehensively addresses the issues arising in the context of multiple proceedings before investment treaty tribunals, proposing a systematic approach to applicable coordination mechanisms based on a methodical review of international investment agreements, arbitration rules, arbitral decisions, and legal commentary.



The Coordination Of Multiple Proceedings In Investment Treaty Arbitration


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.



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 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 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.



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.



The Foundations Of International Investment Law


The Foundations Of International Investment Law
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Author : Zachary Douglas
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02

The Foundations Of International Investment Law written by Zachary Douglas 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 2014-02 with Law categories.


Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.



Schreuer S Commentary On The Icsid Convention


Schreuer S Commentary On The Icsid Convention
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Author : Stephan W. Schill
language : en
Publisher:
Release Date : 2022-09-14

Schreuer S Commentary On The Icsid Convention written by Stephan W. Schill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Business & Economics categories.


This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.



Overlapping Individual And Interstate Claims In International Law


Overlapping Individual And Interstate Claims In International Law
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Author : Jessica Howley
language : en
Publisher: Oxford University Press
Release Date : 2024-08-07

Overlapping Individual And Interstate Claims In International Law written by Jessica Howley 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 2024-08-07 with Law categories.


Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades, particularly in human rights and investment law. Nonetheless, when the International Law Commission codified the law of State responsibility, it largely ignored the bringing of international claims by individuals, and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness, consistency, and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims, considering, among others, the local remedies rule, the rule precluding double recovery, res judicata, waiver, and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims, including in the theoretically muddled field of diplomatic protection, and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self-defence outside of the interstate arena. It concludes with a human rights-oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.



International Investment Law And Arbitration


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.



Prospects In International Investment Law And Policy


Prospects In International Investment Law And Policy
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Author : Roberto Echandi
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-18

Prospects In International Investment Law And Policy written by Roberto Echandi 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 2013-04-18 with Law categories.


Addresses the most central debates in contemporary investment law and policy.