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Author : Joseph M. Weiler,Continuing Legal Education Society of British Columbia
Publisher : Unknown
Page : 300 pages
File Size : 51,9 Mb
Release : 1981
Category : Arbitration, Industrial
ISBN : UIUC:30112011733638
Author : John P. Sanderson,Jerry Warren Brown
Publisher : Canada Law Book
Page : 139 pages
File Size : 49,7 Mb
Release : 1994
Category : Grievance arbitration
ISBN : 0888041535
Author : Bryan M. Downie
Publisher : Unknown
Page : 118 pages
File Size : 55,8 Mb
Release : 1979
Category : Arbitration, Industrial
ISBN : STANFORD:36105128635799
Author : Morley Gunderson
Publisher : Unknown
Page : 80 pages
File Size : 48,5 Mb
Release : 1983
Category : Interest arbitration
ISBN : CORNELL:31924000152896
Author : Jeffrey Sack
Publisher : Unknown
Page : 212 pages
File Size : 50,9 Mb
Release : 1993
Category : Law
ISBN : OSU:32437010072920
Author : Will Aitchison
Publisher : LRIS
Page : 292 pages
File Size : 40,7 Mb
Release : 2000
Category : Arbitration, Industrial
ISBN : 1880607174
Author : Matthew Secomb
Publisher : Oxford International Arbitrati
Page : 0 pages
File Size : 48,6 Mb
Release : 2019
Category : Law
ISBN : 0198779518
Interest plays a vital and increasing role in international arbitration proceedings, with almost every case having an element of interest involved. However, until now, the topic has received very little attention, meaning that arbitrators have had very little concrete foundation on which to judge decisions on interest awards. This book is the first authoritative guidance to address this, providing a uniform approach to the awarding of interest in international arbitration. Interest in International Arbitration aligns arbitrators' decisions with standard commercial practice, offering a practical and logical approach to how interest should be awarded. It sets out traditional approaches that arbitrators have followed in the past, such as using conflict of law to apply a statutory rate from a given law, or awarding instead a subjectively 'reasonable' rate, and examines how these inconsistent approaches have resulted in a variety of awards and decisions. The author uses this analysis as a basis for a uniform approach to the issue: granting compound interest at appropriate rates unless constrained by truly mandatory law. The author sets out the calculation method, explores the benefits and limitations, and presents a thorough argument for the movement toward a uniform approach to interest awards.
Author : Leslie W. C. S. Barnes,Laurence Alexander Kelly
Publisher : Kingston, Ont. : Industrial Relations Centre, Queen's University
Page : 76 pages
File Size : 41,8 Mb
Release : 1975
Category : Business & Economics
ISBN : MINN:319510010949378
Pamphlet on the arbitration system and the right to strike in the federal civil service and public service of Canada - comments on relevant labour legislation, examines the pros and cons of arbitration as a resolution to labour disputes, and proposes changes in proceedings. References.
Author : Will Aitchison,David Gaba,Jonathan Downes
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2022
Category : Arbitration, Industrial
ISBN : 1880607344
Author : Dimitrij Euler,Markus Gehring,Maxi Scherer,Meagan Wong,Rebecca Hadgett
Publisher : Cambridge University Press
Page : 413 pages
File Size : 40,8 Mb
Release : 2015-08-10
Category : Law
ISBN : 9781107077935
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Author : Alan Gladstone
Publisher : Unknown
Page : 84 pages
File Size : 41,5 Mb
Release : 1984
Category : Arbitration and award
ISBN : UOM:35128000887248
Author : Flavia Marisi
Publisher : Kluwer Law International B.V.
Page : 297 pages
File Size : 40,5 Mb
Release : 2020-01-24
Category : Law
ISBN : 9789403517308
Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Author : Yves Derains,Josefa Sicard-Mirabal
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 55,8 Mb
Release : 2018-10-17
Category : Law
ISBN : 9789041184016
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 : Allen M. Ponak
Publisher : Unknown
Page : 54 pages
File Size : 45,8 Mb
Release : 1987
Category : Arbitration, Industrial
ISBN : CORNELL:31924003811548
Author : Kenneth P. Swan
Publisher : Kingston, Ont. : Industrial Relations Centre, Queen's University
Page : 14 pages
File Size : 46,9 Mb
Release : 1978
Category : Arbitration, Industrial
ISBN : 0888860900