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The Reasons Requirement in International Investment Arbitration

The Reasons Requirement in International Investment Arbitration
Author: Guillermo Alvarez
Publisher: BRILL
Total Pages: 379
Release: 2008-08-31
Genre: Law
ISBN: 9047440315

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This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or “reverse engineer” the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.


International Investment Arbitration

International Investment Arbitration
Author: Johan Billiet
Publisher: Maklu
Total Pages: 498
Release: 2016
Genre: International commercial arbitration
ISBN: 9046607968

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Investment Arbitration is a multi-billion dollar venture. It is an area of international dispute resolution, which has undergone tremendous growth in recent years and resulted in the signature of thousands of Bilateral Investment Treaties (BITs) between foreign states and several Multilateral Investment Treaties (MITs). Numerous disputes involving these instruments are resolved through international arbitration. Arbitral tribunals have rendered many awards ordering the payment of large sums of money. This handbook provides an explanatory introduction into the area of investment arbitration, differentiating it from commercial arbitration and state-to-state arbitration. It examines the legal framework and the general course of an international investment arbitration. In particular, it focuses on the standards of protection in international investment agreements, the concept of jurisdiction in international investment arbitration and the arbitral award, including the notions of recognition, enforcement and execution. Moreover, this cutting-edge publication contains relevant and recent case law in the area and deals with contemporaneous issues such as the ongoing controversy regarding the future of Intra-EU BITs and Free Trade Agreements as well as the link between vulture funds and investment arbitration. The handbook aims at arbitrators, lawyers, practitioners, academics, students and everyone with an interest in international investment arbitration.


General Principles of Law and International Investment Arbitration

General Principles of Law and International Investment Arbitration
Author: Andrea Gattini
Publisher: BRILL
Total Pages: 475
Release: 2018-06-01
Genre: Law
ISBN: 9004368388

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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.


Investment Treaty Law

Investment Treaty Law
Author: British Institute of International and Comparative Law
Publisher: BIICL
Total Pages: 356
Release: 2009
Genre: Business & Economics
ISBN: 9781905221127

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The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.


The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
Author: Chiara Giorgetti
Publisher: BRILL
Total Pages: 99
Release: 2019-09-24
Genre: Law
ISBN: 9004416234

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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.


Principles of International Investment Law

Principles of International Investment Law
Author: Rudolf Dolzer (jurist)
Publisher: Oxford University Press
Total Pages: 454
Release: 2012-11-15
Genre: Business & Economics
ISBN: 0199651795

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This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.


Rules and Practices of International Investment Law and Arbitration

Rules and Practices of International Investment Law and Arbitration
Author: Yannick Radi
Publisher: Cambridge University Press
Total Pages: 581
Release: 2020-10-29
Genre: Law
ISBN: 1107102103

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Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.


International Investment Law and Arbitration

International Investment Law and Arbitration
Author: C. L. Lim
Publisher: Cambridge University Press
Total Pages: 687
Release: 2021-03-11
Genre: Law
ISBN: 1108842992

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A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.


Investment Treaty Arbitration as Public International Law

Investment Treaty Arbitration as Public International Law
Author: Eric De Brabandere
Publisher: Cambridge University Press
Total Pages: 265
Release: 2014-09-15
Genre: Law
ISBN: 1107066875

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This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.


International Investment Law

International Investment Law
Author: Krista Nadakavukaren Schefer
Publisher: Edward Elgar Publishing
Total Pages: 597
Release: 2020-02-28
Genre: Law
ISBN: 178897722X

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This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.