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Author : Emmanuel Gaillard,Yas Banifatemi
Publisher : Juris Publishing, Inc.
Page : 16 pages
File Size : 41,7 Mb
Release : 2004
Category : Law
ISBN : 9781929446612
Author : Emmanuel Gaillard,Yas Banifatemi
Publisher : Unknown
Page : 499 pages
File Size : 43,7 Mb
Release : 2004
Category : Aufhebung
ISBN : 3727227141
Author : R. Doak Bishop,Silvia M. Marchili
Publisher : OUP Oxford
Page : 0 pages
File Size : 53,7 Mb
Release : 2012-12-06
Category : Law
ISBN : 0199653747
Systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far, and alongside existing literature.
Author : Meg Kinnear,Geraldine R. Fischer
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 50,5 Mb
Release : 2015-12-22
Category : Law
ISBN : 9789041161413
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 : Katharina Diel-Gligor
Publisher : BRILL
Page : 614 pages
File Size : 50,5 Mb
Release : 2017-05-30
Category : Business & Economics
ISBN : 9789004337916
In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the problem of inconsistent arbitral decision-making, with a focus on ICSID arbitration. After analysing the causes, forms, and manifestations of inconsistencies, she proposes a preliminary ruling system as a means of reform.
Author : Christoph Schreuer (juriste)
Publisher : Cambridge University Press
Page : 1599 pages
File Size : 53,6 Mb
Release : 2009
Category : Arbitration and award
ISBN : 9780521885591
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).
Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 40,6 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385
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.
Author : Hamid Gharavi,Christoph Liebscher
Publisher : Kluwer Law International B.V.
Page : 221 pages
File Size : 42,5 Mb
Release : 2002-03-14
Category : Law
ISBN : 9789041117175
In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.
Author : Antonio R. Parra
Publisher : OUP Oxford
Page : 2584 pages
File Size : 51,5 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780191636202
This is the first book to detail the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank. It is essential reading for those involved in this field.
Author : Lucy Reed,Jan Paulsson,Nigel Blackaby
Publisher : Kluwer Law International B.V.
Page : 490 pages
File Size : 52,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134011
Previous edition, 1st, published in 2004.
Author : R. Doak Bishop
Publisher : Juris Publishing, Inc.
Page : 506 pages
File Size : 41,8 Mb
Release : 2009-09-01
Category : Law
ISBN : 9781933833293
The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.
Author : Maria Nicole Cleis
Publisher : BRILL
Page : 304 pages
File Size : 49,5 Mb
Release : 2017-06-06
Category : Law
ISBN : 9789004341487
The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Author : Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler
Publisher : Juris Publishing, Inc.
Page : 428 pages
File Size : 47,7 Mb
Release : 2014-05-01
Category : Conflict of laws
ISBN : 9781937518417
Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.
Author : Crina Baltag
Publisher : Kluwer Law International
Page : 596 pages
File Size : 54,8 Mb
Release : 2017
Category : Law
ISBN : 9041166335
ICSID Convention after Fifty Years: Unsettled Issues celebrates the fiftieth anniversary of the Convention on the International Centre for Settlement of Investment Disputes (ICSID Convention or Convention) with an overview and analysis of the International Centre for Settlement of Investment Disputes (ICSID) case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution's next phase. The ICSID has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments - probably the most notable development of international law of the past half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received its 500th case in 2015. What's in this book: This volume is a collection of twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following: the political and economic reasons behind the creation of the ICSID; admissibility and jurisdiction; ICSID vis-à-vis bilateral investment treaties; States' concerns about the 'partiality' of arbitrators in favour of investors; proceedings involving a non-contracting State; applicable laws under the ICSID Convention; conflicting interpretations of ICSID Convention provisions; interaction of foreign investment and economic development; value of ICSID awards in the light of EU law; annulment of ICSID awards; effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India); attribution of conduct of State-owned enterprises (SOEs); recognition and enforcement of ICSID arbitral awards; counterclaims; and allocation of costs. The cases involve a broad spectrum of international economic matters, including provisions of the Energy Charter Treaty, exploitation of natural resources, electric power, transportation, construction, finance, communications, water, sanitation, agriculture, fishing and forestry, and service and trade. How this will help you: As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital - and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation - this book has no peers. Considering the current crisis of investment law, the book's immediate value, not only to investors and their counsel but also to practitioners and academics, in the field of investment law and arbitration, and public international law cannot be overstated.
Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
Page : 506 pages
File Size : 40,8 Mb
Release : 2010-12-01
Category : Arbitration and award
ISBN : 9781933833330
In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.