Procedural Issues In International Investment Arbitration PDF Download
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Author | : Jeffery Commission |
Publisher | : Oxford International Arbitrati |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Law |
ISBN | : 9780198729037 |
Download Procedural Issues in International Investment Arbitration Book in PDF, ePub and Kindle
"Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. [This book]...address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules...[This] book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs."--
Author | : Meg Kinnear |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 778 |
Release | : 2015-12-22 |
Genre | : Law |
ISBN | : 9041161414 |
Download Building International Investment Law Book in PDF, ePub and Kindle
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.
Author | : Jeffrey Commission |
Publisher | : |
Total Pages | : |
Release | : 2018 |
Genre | : International commercial arbitration |
ISBN | : 9780191817717 |
Download Procedural Issues in International Investment Arbitration Book in PDF, ePub and Kindle
This text addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.
Author | : Katia Yannaca-Small |
Publisher | : Oxford University Press on Demand |
Total Pages | : 790 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0195340698 |
Download Arbitration Under International Investment Agreements Book in PDF, ePub and Kindle
Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.
Author | : Adilbek Tussupov |
Publisher | : Springer Nature |
Total Pages | : 198 |
Release | : 2022-01-12 |
Genre | : Law |
ISBN | : 303090606X |
Download Corruption and Fraud in Investment Arbitration Book in PDF, ePub and Kindle
This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.
Author | : Chiara Giorgetti |
Publisher | : BRILL |
Total Pages | : 99 |
Release | : 2019-09-24 |
Genre | : Law |
ISBN | : 9004416234 |
Download The Selection and Removal of Arbitrators in Investor-State Dispute Settlement Book in PDF, ePub and Kindle
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules.
Author | : Christina L. Beharry |
Publisher | : BRILL |
Total Pages | : 516 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 9004357793 |
Download Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration Book in PDF, ePub and Kindle
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Author | : Andrea Gattini |
Publisher | : BRILL |
Total Pages | : 475 |
Release | : 2018-06-01 |
Genre | : Law |
ISBN | : 9004368388 |
Download General Principles of Law and International Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : Chiara Giorgetti |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 566 |
Release | : 2014-07-03 |
Genre | : Law |
ISBN | : 9004276572 |
Download Litigating International Investment Disputes Book in PDF, ePub and Kindle
Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.
Author | : Pierre-Marie Dupuy |
Publisher | : Oxford University Press |
Total Pages | : 646 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0199578184 |
Download Human Rights in International Investment Law and Arbitration Book in PDF, ePub and Kindle
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.