The Role Of The State In Investor State Arbitration PDF Download
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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 | : Shaheeza Lalani |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 506 |
Release | : 2015-01-08 |
Genre | : Law |
ISBN | : 9004282254 |
Download The Role of the State in Investor-State Arbitration Book in PDF, ePub and Kindle
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.
Author | : Christopher Dugan |
Publisher | : Oxford University Press |
Total Pages | : 818 |
Release | : 2011-11-25 |
Genre | : Law |
ISBN | : 019979572X |
Download Investor-State Arbitration Book in PDF, ePub and Kindle
I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.
Author | : Alexander W. Resar |
Publisher | : BRILL |
Total Pages | : 95 |
Release | : 2021-06-22 |
Genre | : Law |
ISBN | : 9004390596 |
Download Investor State Arbitration in a Changing World Order Book in PDF, ePub and Kindle
Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.
Author | : Rodrigo Polanco |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2019-01-10 |
Genre | : Law |
ISBN | : 1108473385 |
Download The Return of the Home State to Investor-State Disputes Book in PDF, ePub and Kindle
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Author | : Catharine Titi |
Publisher | : Springer Nature |
Total Pages | : 205 |
Release | : 2021 |
Genre | : Conflict management |
ISBN | : 3030589161 |
Download Public Actors in International Investment Law Book in PDF, ePub and Kindle
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
Author | : Taylor St. John |
Publisher | : Oxford University Press |
Total Pages | : 300 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198789912 |
Download The Rise of Investor-state Arbitration Book in PDF, ePub and Kindle
Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.
Author | : Tarcisio Gazzini |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 363 |
Release | : 2012-08-22 |
Genre | : Law |
ISBN | : 9004214534 |
Download International Investment Law Book in PDF, ePub and Kindle
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Author | : Hege Elisabeth Kjos |
Publisher | : Oxford University Press |
Total Pages | : 343 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199656959 |
Download Applicable Law in Investor-State Arbitration Book in PDF, ePub and Kindle
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Author | : Filip Balcerzak |
Publisher | : BRILL |
Total Pages | : 331 |
Release | : 2017-08-14 |
Genre | : Law |
ISBN | : 9004339000 |
Download Investor – State Arbitration and Human Rights Book in PDF, ePub and Kindle
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.