International Investment And Dispute Settlement

International Investment And Dispute Settlement Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of International Investment And Dispute Settlement book. This book definitely worth reading, it is an incredibly well-written.

The Resolution of International Investment Disputes

Mariel Dimsey
The Resolution of International Investment Disputes Book PDF

Author : Mariel Dimsey
Publisher : Eleven International Publishing
Page : 305 pages
File Size : 46,8 Mb
Release : 2008
Category : Arbitration and award, International
ISBN : 9789077596524

Get Book

The Resolution of International Investment Disputes by Mariel Dimsey Pdf

This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.

Building International Investment Law

Meg Kinnear,Geraldine R. Fischer
Building International Investment Law Book PDF

Author : Meg Kinnear,Geraldine R. Fischer
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 51,7 Mb
Release : 2015-12-22
Category : Law
ISBN : 9789041161413

Get Book

Building International Investment Law by Meg Kinnear,Geraldine R. Fischer Pdf

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.

Transparency in International Trade and Investment Dispute Settlement

Junji Nakagawa
Transparency in International Trade and Investment Dispute Settlement Book PDF

Author : Junji Nakagawa
Publisher : Routledge
Page : 242 pages
File Size : 49,5 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415528733

Get Book

Transparency in International Trade and Investment Dispute Settlement by Junji Nakagawa Pdf

First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.

Investor-State Dispute Settlement and National Courts

Gabrielle Kaufmann-Kohler
Investor State Dispute Settlement and National Courts Book PDF

Author : Gabrielle Kaufmann-Kohler
Publisher : Springer Nature
Page : 125 pages
File Size : 47,9 Mb
Release : 2020-01-01
Category : Conflict management
ISBN : 9783030441647

Get Book

Investor-State Dispute Settlement and National Courts by Gabrielle Kaufmann-Kohler Pdf

This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

Reshaping the Investor-State Dispute Settlement System

Jean E. Kalicki,Anna Joubin-Bret
Reshaping the Investor State Dispute Settlement System Book PDF

Author : Jean E. Kalicki,Anna Joubin-Bret
Publisher : Hotei Publishing
Page : 1043 pages
File Size : 41,8 Mb
Release : 2015-02-12
Category : Law
ISBN : 9789004291102

Get Book

Reshaping the Investor-State Dispute Settlement System by Jean E. Kalicki,Anna Joubin-Bret Pdf

In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

International Investment Law and Arbitration

Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
International Investment Law and Arbitration Book PDF

Author : Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
Publisher : BRILL
Page : 70 pages
File Size : 41,7 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004363038

Get Book

International Investment Law and Arbitration by Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi Pdf

International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.

International Financial Institutions and Their Challenges

Felix I. Lessambo
International Financial Institutions and Their Challenges Book PDF

Author : Felix I. Lessambo
Publisher : Springer
Page : 261 pages
File Size : 42,5 Mb
Release : 2015-09-15
Category : Business & Economics
ISBN : 9781137522702

Get Book

International Financial Institutions and Their Challenges by Felix I. Lessambo Pdf

Since the recent international crises, the role and significance of international financial institutions (IFI) have been challenged. Some have argued that global financial institutions are inadequate and inefficient in performing their missions, and may be replaced by modern institutions with inclusive governance and a goal-focused approach. International Financial Institutions and Their Challenges analyzes the claimed purposes of IFIs and their failures, and proposes solutions for the future. This comprehensive account is the first book of its kind to give readers an exhaustive overview of key IFI's from the International Monetary Fund to the Islamic Development Bank. By encouraging readers to think outside the box, Lessambo enhances the current and future debates on IFIs. The book brings readers to the real challenges of international finance, and appeals to scholars in economics, finance, international studies, government studies, law, and political science, as well as professionals in finance, development experts, and employees at NGOs.

Arbitrating Foreign Investment Disputes

Norbert Horn,Stefan Kroll,Stefan Michael Kröll
Arbitrating Foreign Investment Disputes Book PDF

Author : Norbert Horn,Stefan Kroll,Stefan Michael Kröll
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 47,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122933

Get Book

Arbitrating Foreign Investment Disputes by Norbert Horn,Stefan Kroll,Stefan Michael Kröll Pdf

Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.

Foreign Investment and Dispute Resolution Law and Practice in Asia

Vivienne Bath,Luke Nottage
Foreign Investment and Dispute Resolution Law and Practice in Asia Book PDF

Author : Vivienne Bath,Luke Nottage
Publisher : Routledge
Page : 284 pages
File Size : 55,9 Mb
Release : 2012-03-12
Category : Law
ISBN : 9781136581052

Get Book

Foreign Investment and Dispute Resolution Law and Practice in Asia by Vivienne Bath,Luke Nottage Pdf

This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

China, the EU and International Investment Law

Yuwen Li,Tong Qi,Cheng Bian
China the EU and International Investment Law Book PDF

Author : Yuwen Li,Tong Qi,Cheng Bian
Publisher : Routledge
Page : 206 pages
File Size : 46,5 Mb
Release : 2019-11-11
Category : Business & Economics
ISBN : 9781000704891

Get Book

China, the EU and International Investment Law by Yuwen Li,Tong Qi,Cheng Bian Pdf

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

Investor-State Arbitration

Christopher Dugan,Don Wallace,Noah Rubins,Borzu Sabahi
Investor State Arbitration Book PDF

Author : Christopher Dugan,Don Wallace,Noah Rubins,Borzu Sabahi
Publisher : Oxford University Press
Page : 818 pages
File Size : 41,7 Mb
Release : 2011-11-25
Category : Law
ISBN : 9780199795727

Get Book

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.

Appeals Mechanism in International Investment Disputes

Karl P Sauvant
Appeals Mechanism in International Investment Disputes Book PDF

Author : Karl P Sauvant
Publisher : Oxford University Press
Page : 472 pages
File Size : 50,5 Mb
Release : 2008-04-08
Category : Law
ISBN : 9780199712113

Get Book

Appeals Mechanism in International Investment Disputes by Karl P Sauvant Pdf

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions. Appeals Mechanism in International Investment Disputes compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis is on the question of an appellate body for international investment disputes. The authors also seek ways to streamline and improve the system, channeling the benefits of free trade and investment flows to people in both the developing and emerging markets. The Appendices provide readers with extensive background material to place the chapters into context. Selected sections include concise commentaries to further illuminate the timely themes covered by the chapters. The volume is singular in its success at bringing together so many exceptional individuals on a question of growing import-how to improve the international law regime to increase prosperity and further global development. If a reader wants to know what the influential voices in international law are saying right now, and in a concise and readable format, this is the publication to have.

Adjudicating Trade and Investment Disputes

Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford
Adjudicating Trade and Investment Disputes Book PDF

Author : Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford
Publisher : Cambridge University Press
Page : 341 pages
File Size : 42,7 Mb
Release : 2020-07-02
Category : Business & Economics
ISBN : 9781108487405

Get Book

Adjudicating Trade and Investment Disputes by Szilárd Gáspár-Szilágyi,Daniel Behn,Malcolm Langford Pdf

A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.

International Investment Dispute Awards

Esra Yildiz Üstün
International Investment Dispute Awards Book PDF

Author : Esra Yildiz Üstün
Publisher : Taylor & Francis
Page : 135 pages
File Size : 52,6 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781000568097

Get Book

International Investment Dispute Awards by Esra Yildiz Üstün Pdf

This book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the international investment architecture. In considering the advantages and disadvantages of each ‘solution’, it will work towards an approach best-suited to upholding the interest of the victorious party at the enforcement stage. The enforcement of arbitral awards on a voluntary basis has proven to be insufficient, and this created a real and ongoing shortcoming that needs to be addressed. International Investment Dispute Awards: Facilitating Enforcement therefore seeks to directly influence existing practice on the part of international institutions, with the intention of helping to develop a more effective resolution. The readerships for this book will include arbitration practitioners, policy-makers (including treaty drafters), academics and postgraduate students interested in the enforcement of investment arbitral awards.

Public Actors in International Investment Law

Catharine Titi
Public Actors in International Investment Law Book PDF

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 40,7 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

Get Book

Public Actors in International Investment Law by Catharine Titi Pdf

This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.