Investment Treaty Arbitration And International Law Volume 8

Author : Ian A. Laird,Sabahi, Frédéric G. Sourgens,Todd J. Weiler,
Publisher : Juris Publishing, Inc.
Page : 417 pages
File Size : 49,7 Mb
Release : 2015-03-01
Category : Conflict of laws
ISBN : 9781937518691

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Investment Treaty Arbitration and International Law - Volume 8 by Ian A. Laird,Sabahi, Frédéric G. Sourgens,Todd J. Weiler, Pdf

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

Author : Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler
Publisher : Juris Publishing, Inc.
Page : 428 pages
File Size : 49,9 Mb
Release : 2014-05-01
Category : Conflict of laws
ISBN : 9781937518417

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Investment Treaty Arbitration and International Law - Volume 7 by Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler Pdf

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 : Emmanuel Gaillard,Yas Banifatemi
Publisher : Unknown
Page : 548 pages
File Size : 46,9 Mb
Release : 2017
Category : Electronic
ISBN : 1944825177

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Jurisdiction in Investment treaty arbitration by Emmanuel Gaillard,Yas Banifatemi Pdf

Author : Federico Ortino
Publisher : BIICL
Page : 278 pages
File Size : 54,8 Mb
Release : 2007
Category : Appellate procedure
ISBN : 9781905221080

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Investment Treaty Law by Federico Ortino Pdf

In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law.' This publication records the presentations given by very distinguished experts in the field. The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the International Centre for Settlement of Investment Disputes (ICSID) Convention or the several thousands bilateral investment treaties (BITs) and free trade agreements (FTAs). Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims. The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system. Among the topics addressed at the conference were the application of the fair and equitable treatment standard in customary international law and in investment treaty practice; equivalent standards under domestic administrative law; the relationship between the fair and equitable standard and expropriation; and the relevance of the conduct of the investor in determining a breach of the fair and equitable treatment standard.

Author : James Crawford,Karen Lee,Elihu Lauterpacht
Publisher : Cambridge University Press
Page : 774 pages
File Size : 42,5 Mb
Release : 2005-04-21
Category : Law
ISBN : 0521851270

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ICSID Reports: Volume 8 by James Crawford,Karen Lee,Elihu Lauterpacht Pdf

Volume 8 brings the series up to date to include important recent decisions up to mid-2004.

Author : Chester Brown,Kate Miles
Publisher : Cambridge University Press
Page : 747 pages
File Size : 54,7 Mb
Release : 2011-11-17
Category : Law
ISBN : 9781139503617

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Evolution in Investment Treaty Law and Arbitration by Chester Brown,Kate Miles Pdf

International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Author : Chester Brown
Publisher : OUP Oxford
Page : 990 pages
File Size : 50,6 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780191651977

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Commentaries on Selected Model Investment Treaties by Chester Brown Pdf

The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 44,8 Mb
Release : 2009
Category : Business & Economics
ISBN : 1905221126

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Investment Treaty Law by British Institute of International and Comparative Law Pdf

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 54,8 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

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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.

Author : Jean E. Kalicki,Anna Joubin-Bret
Publisher : Hotei Publishing
Page : 1043 pages
File Size : 49,6 Mb
Release : 2015-02-12
Category : Law
ISBN : 9789004291102

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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.

Author : Hege Elisabeth Kjos
Publisher : Oxford University Press
Page : 343 pages
File Size : 40,5 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199656950

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Applicable Law in Investor-State Arbitration by Hege Elisabeth Kjos Pdf

Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.

Author : August Reinisch
Publisher : OUP Oxford
Page : 304 pages
File Size : 41,8 Mb
Release : 2008-09-11
Category : Political Science
ISBN : 9780191563201

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Standards of Investment Protection by August Reinisch Pdf

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards. The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyse the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in future.

Author : Susan D. Franck
Publisher : Oxford University Press
Page : 344 pages
File Size : 54,7 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780190054441

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Arbitration Costs by Susan D. Franck Pdf

Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.

Author : Zachary Douglas
Publisher : Cambridge University Press
Page : 685 pages
File Size : 51,6 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 : Gus Van Harten
Publisher : Oxford University Press on Demand
Page : 214 pages
File Size : 52,5 Mb
Release : 2008
Category : Business & Economics
ISBN : 0199552142

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Investment Treaty Arbitration and Public Law by Gus Van Harten Pdf

The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.