Proof And The Burden Of Proof In International Investment Law PDF Download
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Author | : Giulio Alvaro Cortesi |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : |
ISBN | : 9783030963446 |
Download Proof and the Burden of Proof in International Investment Law Book in PDF, ePub and Kindle
International investment arbitration has been dubbed the "Antarctica" of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.
Author | : Kabir Duggal |
Publisher | : BRILL |
Total Pages | : 65 |
Release | : 2019-01-14 |
Genre | : Law |
ISBN | : 9004390618 |
Download Principles of Evidence in Public International Law as Applied by Investor-State Tribunals Book in PDF, ePub and Kindle
In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
Author | : Kabir A. N. Duggal |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Burden of proof |
ISBN | : 9789004366428 |
Download Principles of Evidence in Public International Law as Applied by Investor-state Tribunals Book in PDF, ePub and Kindle
In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
Author | : Frédéric Gilles Sourgens |
Publisher | : Oxford University Press, USA |
Total Pages | : 325 |
Release | : 2018 |
Genre | : Law |
ISBN | : 9780198753506 |
Download Evidence in International Investment Arbitration Book in PDF, ePub and Kindle
Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
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 | : Yves Derains |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 362 |
Release | : 2018-10-17 |
Genre | : Law |
ISBN | : 9041184015 |
Download Introduction to Investor-State Arbitration Book in PDF, ePub and Kindle
Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
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 | : Giulio Alvaro Cortesi |
Publisher | : Springer Nature |
Total Pages | : 240 |
Release | : 2022-04-29 |
Genre | : Law |
ISBN | : 3030963438 |
Download Proof and the Burden of Proof in International Investment Law Book in PDF, ePub and Kindle
International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.
Author | : Christian J. Tams |
Publisher | : Edward Elgar Publishing |
Total Pages | : 417 |
Release | : 2023-01-19 |
Genre | : Law |
ISBN | : 1800884060 |
Download International Investment Law and General International Law Book in PDF, ePub and Kindle
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
Author | : Sergey Ripinsky |
Publisher | : BIICL |
Total Pages | : 616 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9781905221240 |
Download Damages in International Investment Law Book in PDF, ePub and Kindle
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.