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Investment Arbitration in Central and Eastern Europe

Investment Arbitration in Central and Eastern Europe
Author: Csongor Nagy
Publisher: Edward Elgar Publishing
Total Pages: 456
Release: 2019
Genre: Law
ISBN: 1788115171

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Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from the region. Despite their relevance, CEE experiences have not been analysed in a comprehensive manner. This book is the first of its kind to present an extensive collection of case law on investment arbitration within Europe. Contributors provide contextual analysis, taking political, economic and regulatory factors in to account, to create an accessible text for practitioners and scholars alike.


Construction Arbitration in Central and Eastern Europe

Construction Arbitration in Central and Eastern Europe
Author: Crina Baltag
Publisher: Kluwer Law International B.V.
Total Pages: 406
Release: 2019-12-11
Genre: Law
ISBN: 9403502118

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Construction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.


Arbitration Law and Practice in Central and Eastern Europe

Arbitration Law and Practice in Central and Eastern Europe
Author: Christoph Liebscher
Publisher: Juris Publishing, Inc.
Total Pages: 1760
Release: 2006
Genre: Law
ISBN: 1929446950

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"The focus of Arbitration Law and Practice in Central and Eastern Europe is to provide an understanding of the involvement of state authority in arbitrations and offer practical ideas on arbitration procedures for countries in this region. Adopting a questionnaire format devised by the editors, issues are investigated from both the arbitrator's and the counsel's perspectives and important tactical issues are discussed. It is inevitable, however, that the reader may occasionally be disappointed to find an unanswered question. The editors, authors and contributors ask for patience as the reader tries to find specific answers to questions which would not have been posed ten years ago. Case law is generally sparse in these countries, legal reforms are recent, and therefore the legal writing is limited and does not cover the entire array of questions that may arise. The book is an indispensable reference and guide for arbitrators and party representatives who are engaged in arbitrations in the region."--Publisher's website.


The Future of International Arbitration in Central and Eastern Europe

The Future of International Arbitration in Central and Eastern Europe
Author: Wojciech Sadowski
Publisher:
Total Pages: 21
Release: 2018
Genre:
ISBN:

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The central conclusion I will make in this paper is that the cycle of development of international commercial arbitration in CEE may be approaching a low mark. The forces that were driving the development of international arbitration in this part of the world before 1989, such as the East-West dichotomy and the subsequent increased commercial, legal, and political risk connected to the "emerging-economy" status of CEE countries, exhausted most of its potential, which is unlikely to rebound. At the present moment, there are no compelling reasons why international arbitration in CEE should flourish. It is clear, however, that its future development will have to respond to the changing needs and preferences of the business community and the individual CEE states, rather than the objectives immediately relied upon after the fall of Communism.This paper starts with a brief historical note explaining the traditional motivations leading commercial parties to agree on international arbitration in the CEE-related business context, both before and after the fall of Communism in 1989. I will present the developments of the past twenty-five years that help explain the current position and potential of international commercial arbitration in CEE. Due to the significant diversity among the countries in the region, I will not offer a detailed analysis of the particular legal frameworks in each individual CEE state. The differences between various national laws within the region do not play a primary role. Instead, I will emphasize the existing and potential interests and reasons that may convince the business community across CEE to use international arbitration to resolve commercial disputes. These enticing factors do not depend as much on the legal particularities of individual CEE jurisdictions as on the broader economic and cultural considerations of the region generally.


Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty
Author: Graham Coop
Publisher: Juris Publishing, Inc.
Total Pages: 472
Release: 2011-06-01
Genre: Law
ISBN: 1933833793

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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.


Legal Treatment of Foreign Investment

Legal Treatment of Foreign Investment
Author: Ibrahim F.I. Shihata
Publisher: BRILL
Total Pages: 486
Release: 2023-12-04
Genre: Law
ISBN: 9004637958

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