The Investor State Dispute Settlement System
DOWNLOAD
Download The Investor State Dispute Settlement System PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Investor State Dispute Settlement System book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Investor State Dispute Settlement System
DOWNLOAD
Author : Alan M. Anderson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-27
The Investor State Dispute Settlement System written by Alan M. Anderson 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 2020-11-27 with Law categories.
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
Reshaping The Investor State Dispute Settlement System
DOWNLOAD
Author : Jean E. Kalicki
language : en
Publisher: Hotei Publishing
Release Date : 2015-02-04
Reshaping The Investor State Dispute Settlement System written by Jean E. Kalicki and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-04 with Law categories.
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Prospects In International Investment Law And Policy
DOWNLOAD
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.
Role Of Domestic Courts In The Settlement Of Investor State Disputes
DOWNLOAD
Author : A. Saravanan
language : en
Publisher: Springer Nature
Release Date : 2020-10-28
Role Of Domestic Courts In The Settlement Of Investor State Disputes written by A. Saravanan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-28 with Law categories.
This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword: “One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like...” - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA
From Bilateral Arbitral Tribunals And Investment Courts To A Multilateral Investment Court
DOWNLOAD
Author : Marc Bungenberg
language : en
Publisher: Springer Nature
Release Date : 2019-09-11
From Bilateral Arbitral Tribunals And Investment Courts To A Multilateral Investment Court written by Marc Bungenberg and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-11 with Law categories.
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
Investor State Arbitration
DOWNLOAD
Author : Christopher F. Dugan
language : en
Publisher: Oxford University Press
Release Date : 2011-11-25
Investor State Arbitration written by Christopher F. 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.
Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
The Return Of The Home State To Investor State Disputes
DOWNLOAD
Author : Rodrigo Polanco
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-10
The Return Of The Home State To Investor State Disputes written by Rodrigo Polanco 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 2019-01-10 with Law categories.
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
The Rise Of Investor State Arbitration
DOWNLOAD
Author : Taylor St. John
language : en
Publisher: Oxford University Press
Release Date : 2018
The Rise Of Investor State Arbitration written by Taylor St. John 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 2018 with Law categories.
This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.
Public Actors In International Investment Law
DOWNLOAD
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.
The Selection And Removal Of Arbitrators In Investor State Dispute Settlement
DOWNLOAD
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.