Transparency In International Investment Arbitration
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Transparency In International Investment Arbitration
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Author : Dimitrij Euler
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-10
Transparency In International Investment Arbitration written by Dimitrij Euler 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 2015-08-10 with Law categories.
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Transparency In International Trade And Investment Dispute Settlement
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Author : Junji Nakagawa
language : en
Publisher: Routledge
Release Date : 2013
Transparency In International Trade And Investment Dispute Settlement written by Junji Nakagawa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business & Economics categories.
First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.
Transparency In International Law
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Transparency In International Law written by Andrea Bianchi 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 2013-11-07 with Law categories.
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Shifting Paradigms In International Investment Law
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Author : Steffen Hindelang
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Shifting Paradigms In International Investment Law written by Steffen Hindelang 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 2016-01-21 with Law categories.
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Investors States And Arbitrators In The Crosshairs Of International Investment Law And Environmental Protection
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Author : Crina Baltag
language : en
Publisher: BRILL
Release Date : 2020-07-27
Investors States And Arbitrators In The Crosshairs Of International Investment Law And Environmental Protection written by Crina Baltag and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-27 with Law categories.
In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component.
General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-06-01
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
The Rise Of Transparency In International Arbitration
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Author : Alberto Malatesta
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-08-01
The Rise Of Transparency In International Arbitration written by Alberto Malatesta 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 2013-08-01 with Law categories.
The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy. The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards. The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread. In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.
Building International Investment Law
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Author : Meg Kinnear
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-22
Building International Investment Law written by Meg Kinnear 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 2015-12-22 with Law categories.
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
The Future Of Investment Arbitration
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Author : Catherine A. Rogers
language : en
Publisher: Oxford University Press
Release Date : 2009
The Future Of Investment Arbitration written by Catherine A. Rogers 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 2009 with Law categories.
Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars. The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy. The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.
Civil Society In Investment Treaty Arbitration
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Author : Farouk El-Hosseny
language : en
Publisher: BRILL
Release Date : 2018-01-25
Civil Society In Investment Treaty Arbitration written by Farouk El-Hosseny and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-25 with Law categories.
Civil Society in Investment Treaty Arbitration: Status and Prospects offers a procedural and substantive analysis of civil society’s participation as amicus curiae before investor-state tribunals.