Jurisdiction in Investment treaty arbitration
| Author | : Emmanuel Gaillard |
| Publisher | : |
| Total Pages | : 548 |
| Release | : 2017 |
| Genre | : |
| ISBN | : 9781944825171 |
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Jurisdiction In Investment Treaty Arbitration PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Jurisdiction In Investment Treaty Arbitration PDF full book. Access full book title Jurisdiction In Investment Treaty Arbitration.
Introduction to Investor-State Arbitration
| Author | : Yves Derains |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 362 |
| Release | : 2018-10-17 |
| Genre | : Law |
| ISBN | : 9041184015 |
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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`
Beyond Consent
| Author | : Relja Radović |
| Publisher | : BRILL |
| Total Pages | : 290 |
| Release | : 2021-06-29 |
| Genre | : Business & Economics |
| ISBN | : 9004453695 |
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In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the development of jurisdictional rules by arbitral tribunals, against the conventional wisdom that the jurisdiction of arbitral tribunals is governed by party consent.
Jurisdiction in Investment Treaty Arbitration
| Author | : Emmanuel Gaillard |
| Publisher | : |
| Total Pages | : |
| Release | : 2012 |
| Genre | : |
| ISBN | : 9781933833941 |
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International Investment Arbitration
| Author | : Johan Billiet |
| Publisher | : Maklu |
| Total Pages | : 498 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 9046607968 |
Download International Investment Arbitration Book in PDF, ePub and Kindle
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.
The International Law of Investment Claims
| Author | : Zachary Douglas |
| Publisher | : Cambridge University Press |
| Total Pages | : 685 |
| Release | : 2009-06-11 |
| Genre | : Business & Economics |
| ISBN | : 0521855675 |
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This book is a codification of the principles and rules relating to the prosecution of investment claims.
Jurisdiction and Admissibility in Investment Arbitration
| Author | : Filippo Fontanelli |
| Publisher | : BRILL |
| Total Pages | : 199 |
| Release | : 2018-03-27 |
| Genre | : Law |
| ISBN | : 9004366490 |
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In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
Investment Treaty Arbitration and International Law - Volume 8
| Author | : Ian A. Laird |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 417 |
| Release | : 2015-03-01 |
| Genre | : Conflict of laws |
| ISBN | : 1937518698 |
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This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker
The Use of Commercial Arbitration Rules in Investment Treaty Disputes
| Author | : Joel Dahlquist |
| Publisher | : BRILL |
| Total Pages | : 343 |
| Release | : 2021-03-15 |
| Genre | : Law |
| ISBN | : 9004413685 |
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Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
The Role of the State in Investor-State Arbitration
| Author | : Shaheeza Lalani |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 506 |
| Release | : 2015-01-08 |
| Genre | : Law |
| ISBN | : 9004282254 |
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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.
