The Settlement Of Foreign Investment Disputes
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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.
The Settlement Of Foreign Investment Disputes
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Author : M. Sornarajah
language : en
Publisher: Springer
Release Date : 2000-11-08
The Settlement Of Foreign Investment Disputes written by M. Sornarajah and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-08 with Law categories.
Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey. The Settlement of Foreign Investment Disputes in International Law treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.
Investor State Dispute Settlement And National Courts
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Springer Nature
Release Date : 2020-01-01
Investor State Dispute Settlement And National Courts written by Gabrielle Kaufmann-Kohler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-01 with Conflict management categories.
This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
Role Of Domestic Courts In The Settlement Of Investor State Disputes
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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
Applicable Law In International Investment Disputes
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Author : Taida Begic
language : en
Publisher: Eleven International Publishing
Release Date : 2005
Applicable Law In International Investment Disputes written by Taida Begic 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 2005 with Arbitration and award, International categories.
This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.
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.
Icsid Reports Volume 5
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Author : Edward Helgeson
language : en
Publisher: Cambridge University Press
Release Date : 2002-11-21
Icsid Reports Volume 5 written by Edward Helgeson 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 2002-11-21 with Law categories.
The ICSID Reports provide the only comprehensive collection of the decisions of arbitral tribunals and ad hoc committees established under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes. These decisions make an important contribution to the highly specialised jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). The ICSID Reports are thus an invaluable tool for practitioners and scholars alike working in the field of international commercial arbitration. Volume 5 of the ICSID Reports brings the series substantially up-to-date to include important recent decisions from 1996 to 2000, including American Manufacturing & Trading v. Zaire, Azinian v. Mexico, Tradex Hellas v. Albania, Metalclad v. Mexico and Gruslin v. Malaysia.
Foreign Investment And Dispute Resolution Law And Practice In Asia
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Author : Vivienne Bath
language : en
Publisher: Routledge
Release Date : 2012-03-12
Foreign Investment And Dispute Resolution Law And Practice In Asia written by Vivienne Bath and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-12 with Law categories.
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
Reshaping The Investor State Dispute Settlement System
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Author : Jean E. Kalicki
language : en
Publisher: Hotei Publishing
Release Date : 2015-02-12
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 2015-02-12 with Law categories.
In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.
International Financial Institutions And Their Challenges
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Author : Felix I. Lessambo
language : en
Publisher: Springer
Release Date : 2015-09-15
International Financial Institutions And Their Challenges written by Felix I. Lessambo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-15 with Business & Economics categories.
Since the recent international crises, the role and significance of international financial institutions (IFI) have been challenged. Some have argued that global financial institutions are inadequate and inefficient in performing their missions, and may be replaced by modern institutions with inclusive governance and a goal-focused approach. International Financial Institutions and Their Challenges analyzes the claimed purposes of IFIs and their failures, and proposes solutions for the future. This comprehensive account is the first book of its kind to give readers an exhaustive overview of key IFI's from the International Monetary Fund to the Islamic Development Bank. By encouraging readers to think outside the box, Lessambo enhances the current and future debates on IFIs. The book brings readers to the real challenges of international finance, and appeals to scholars in economics, finance, international studies, government studies, law, and political science, as well as professionals in finance, development experts, and employees at NGOs.