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Draft Statute of the Multilateral Investment Court

Draft Statute of the Multilateral Investment Court
Author: Marc Bungenberg
Publisher:
Total Pages: 80
Release: 2021-02-15
Genre:
ISBN: 9783848770830

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The EU is aiming for a Multilateral Investment Court (MIC) to replace the existing investment arbitration system. Based on the current debates in UNCITRAL and other fora this Draft Statute of an MIC demonstrates that it is possible to have a new system of dispute settlement. For the first time, a complete draft agreement is presented for the design of such an MIC as a new international organization, implementing strict rule of law-requirements for dispute settlement. Besides rule of law-considerations, cornerstones are reduced costs, a permanent bench of judges with an appellate system, transparency, more consistency in case law as well as the effective enforceability of MIC decisions.


From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
Author: Marc Bungenberg
Publisher: Springer Nature
Total Pages: 222
Release: 2019-09-11
Genre: Law
ISBN: 3662597322

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This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.


From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
Author: Marc Bungenberg
Publisher: Springer
Total Pages: 206
Release: 2018-10-22
Genre: Law
ISBN: 3030011895

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This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.


Permanent Investment Courts

Permanent Investment Courts
Author: Güneş Ünüvar
Publisher: Springer Nature
Total Pages: 156
Release: 2020-09-17
Genre: Law
ISBN: 3030456846

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This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.


The Legitimacy Crisis of International Investment Arbitration and the Multilateral Investment Court

The Legitimacy Crisis of International Investment Arbitration and the Multilateral Investment Court
Author: Michael Toscanelli
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

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This thesis is embedded within the discussion of a perceived legitimacy crisis of international investment arbitration and the quest for the establishment of a multilateral investment court. The author analyzes actual criticism, but goes beyond this through establishing criteria based on normative guiding principles that should underpin public international law adjudication. Those criteria are based on the need for transparency, independent and impartial adjudicators and the possibility of error correction. They are then applied to diverse pre-existing international dispute settlement systems in order to draw inspiration for the establishment of a proposed convention for a multilateral investment court. The draft solution in the form of the proposed "MIC Convention" is compared to the planned solutions of the EU in this area and demonstrates that there is a remarkable similarity, but that the EU also adds further procedural innovations which are not directly justifiable by the normative criteria as outlined in this thesis. All in all, the findings demonstrate that a future multilateral investment court which fulfills relevant procedural legitimacy criteria need not reinvent the wheel, but can rather be based on inspiration drawn from pre-existing international dispute settlement systems.


The ICSID Convention

The ICSID Convention
Author: Christoph Schreuer (juriste)
Publisher: Cambridge University Press
Total Pages: 1599
Release: 2009
Genre: Arbitration and award
ISBN: 0521885590

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This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).


UNCITRAL Arbitration Rules

UNCITRAL Arbitration Rules
Author: United Nations Commission on International Trade Law
Publisher:
Total Pages: 40
Release: 1977
Genre: Business & Economics
ISBN:

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International Investment Law

International Investment Law
Author: Arnaud de Nanteuil
Publisher: Edward Elgar Publishing
Total Pages: 408
Release: 2020-02-28
Genre: Law
ISBN: 1788975898

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This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.


Key Duties of International Investment Arbitrators

Key Duties of International Investment Arbitrators
Author: Katia Fach Gómez
Publisher: Springer
Total Pages: 222
Release: 2018-10-31
Genre: Law
ISBN: 3319981285

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This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.