Compensation And Restitution In Investor State Arbitration

Author : Borzu Sabahi
Publisher : OUP Oxford
Page : 280 pages
File Size : 41,9 Mb
Release : 2011-06-30
Category : Law
ISBN : 9780191621741

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Compensation and Restitution in Investor-State Arbitration by Borzu Sabahi Pdf

This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

Author : Irmgard Marboe
Publisher : BRILL
Page : 92 pages
File Size : 43,8 Mb
Release : 2018-05-15
Category : Law
ISBN : 9789004372382

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Damages in Investor-State Arbitration by Irmgard Marboe Pdf

Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.

Author : Christopher Dugan,Don Wallace,Noah Rubins,Borzu Sabahi
Publisher : Oxford University Press
Page : 818 pages
File Size : 50,7 Mb
Release : 2011-11-25
Category : Law
ISBN : 9780199795727

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Investor-State Arbitration by Christopher Dugan,Don Wallace,Noah Rubins,Borzu Sabahi Pdf

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 : Mikael Ouaniche,Stéphane Prigent
Publisher : Bruylant
Page : 309 pages
File Size : 43,9 Mb
Release : 2022-09-09
Category : Law
ISBN : 9782802772415

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Compensation for Damage in International Investment Arbitration by Mikael Ouaniche,Stéphane Prigent Pdf

This book is the first to combine a legal and an economic approach to the violation of international investment law and the evaluation of their financial consequences. It is intended for arbitrators, lawyers, legal experts and financial experts. It will also be useful for academics who study this issue, which crosses disciplinary lines. The cross-disciplinary approach proposed by Mikael Ouaniche and Stéphane Prigent in this original work reflects the dual nature of the debates that irrigate the practice of State-investor arbitration, through a rigorous analysis of arbitral case law. As Laurent Jaeger, President of the French Arbitration Committee, who prefaced the book, says: “Lawyers and arbitrators will be able to improve their understanding of economic and financial valuation methods; experts will be able to improve their understanding of the underlying legal mechanisms. [...] It took all the experience and talent of Mikael Ouaniche and Stéphane Prigent to marry law, economics and finance so harmoniously”.

Author : Sergey Ripinsky,Kevin Williams
Publisher : BIICL
Page : 616 pages
File Size : 51,7 Mb
Release : 2008
Category : Law
ISBN : 190522124X

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Damages in International Investment Law by Sergey Ripinsky,Kevin Williams Pdf

The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.

Author : Yves Derains,Josefa Sicard-Mirabal
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 54,9 Mb
Release : 2018-10-17
Category : Law
ISBN : 9789041184016

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Introduction to Investor-State Arbitration by Yves Derains,Josefa Sicard-Mirabal Pdf

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 : Irmgard Marboe
Publisher : Oxford International Arbitrati
Page : 0 pages
File Size : 42,6 Mb
Release : 2017
Category : Law
ISBN : 0198749937

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Calculation of Compensation and Damages in International Investment Law by Irmgard Marboe Pdf

Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.

Author : John A. Trenor
Publisher : Unknown
Page : 503 pages
File Size : 48,9 Mb
Release : 2020
Category : Damages
ISBN : 1838622128

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The Guide to Damages in International Arbitration by John A. Trenor Pdf

Author : Scott Miller,Gregory N. Hicks
Publisher : Rowman & Littlefield
Page : 40 pages
File Size : 55,8 Mb
Release : 2015-02-02
Category : Political Science
ISBN : 9781442240735

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Investor-State Dispute Settlement by Scott Miller,Gregory N. Hicks Pdf

Investor-State Dispute Settlement (ISDS) is a provision in Bilateral Investment Treaties (BITs) and other international investment agreements that allows investors to enter arbitration with states over treaty breaches. This report is an empirical review of ISDS, based on the record of disputes under existing investment treaties.

Author : Christina L. Beharry
Publisher : BRILL
Page : 516 pages
File Size : 47,6 Mb
Release : 2018-04-12
Category : Law
ISBN : 9789004357792

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Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by Christina L. Beharry Pdf

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.

Author : Zachary Douglas
Publisher : Cambridge University Press
Page : 685 pages
File Size : 49,5 Mb
Release : 2009-06-11
Category : Business & Economics
ISBN : 9780521855679

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The International Law of Investment Claims by Zachary Douglas Pdf

This book is a codification of the principles and rules relating to the prosecution of investment claims.

Author : Cory H. Kent,Shaheeza Lalani,Georgios Petrochilos,Andreas R. Ziegler
Publisher : BRILL
Page : 235 pages
File Size : 44,8 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789004450165

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Social License and Dispute Resolution in the Extractive Industries by Cory H. Kent,Shaheeza Lalani,Georgios Petrochilos,Andreas R. Ziegler Pdf

Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.

Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 47,9 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

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General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf

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 : Martin Jarrett
Publisher : Cambridge University Press
Page : 207 pages
File Size : 47,9 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781108481403

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Contributory Fault and Investor Misconduct in Investment Arbitration by Martin Jarrett Pdf

Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.

Author : Michael J. Bazyler,Roger P. Alford
Publisher : NYU Press
Page : 393 pages
File Size : 42,5 Mb
Release : 2006
Category : History
ISBN : 9780814799437

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Holocaust Restitution by Michael J. Bazyler,Roger P. Alford Pdf

Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement. From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution. Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and Fiorentina Azizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.