Permanent Investment Courts

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Permanent Investment Courts

Güneş Ünüvar,Joanna Lam,Shai Dothan
Permanent Investment Courts Book PDF

Author : Güneş Ünüvar,Joanna Lam,Shai Dothan
Publisher : Springer Nature
Page : 156 pages
File Size : 54,5 Mb
Release : 2020-09-17
Category : Law
ISBN : 9783030456849

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Permanent Investment Courts by Güneş Ünüvar,Joanna Lam,Shai Dothan Pdf

This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

Marc Bungenberg,August Reinisch
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court Book PDF

Author : Marc Bungenberg,August Reinisch
Publisher : Springer Nature
Page : 222 pages
File Size : 54,9 Mb
Release : 2019-09-11
Category : Law
ISBN : 9783662597323

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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court by Marc Bungenberg,August Reinisch Pdf

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

Marc Bungenberg,August Reinisch
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court Book PDF

Author : Marc Bungenberg,August Reinisch
Publisher : Springer
Page : 206 pages
File Size : 40,9 Mb
Release : 2018-10-22
Category : Law
ISBN : 9783030011895

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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court by Marc Bungenberg,August Reinisch Pdf

This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

Draft Statute of the Multilateral Investment Court

Marc Bungenberg,August Reinisch
Draft Statute of the Multilateral Investment Court Book PDF

Author : Marc Bungenberg,August Reinisch
Publisher : Unknown
Page : 80 pages
File Size : 44,9 Mb
Release : 2021-02-15
Category : Electronic
ISBN : 3848770830

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Draft Statute of the Multilateral Investment Court by Marc Bungenberg,August Reinisch Pdf

The EU is aiming for a Multilateral Investment Court (MIC) to replace the existing investment arbitration system. Based on the current debates in UNCITRAL and other fora this Draft Statute of an MIC demonstrates that it is possible to have a new system of dispute settlement. For the first time, a complete draft agreement is presented for the design of such an MIC as a new international organization, implementing strict rule of law-requirements for dispute settlement. Besides rule of law-considerations, cornerstones are reduced costs, a permanent bench of judges with an appellate system, transparency, more consistency in case law as well as the effective enforceability of MIC decisions.

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 : 52,6 Mb
Release : 2015-02-04
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: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Aniruddha Rajput
Regulatory Freedom and Indirect Expropriation in Investment Arbitration Book PDF

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 55,5 Mb
Release : 2018-12-20
Category : Law
ISBN : 9789403506258

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Regulatory Freedom and Indirect Expropriation in Investment Arbitration by Aniruddha Rajput Pdf

Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.

The Selection and Removal of Arbitrators in Investor-state Dispute Settlement

Chiara Giorgetti
The Selection and Removal of Arbitrators in Investor state Dispute Settlement Book PDF

Author : Chiara Giorgetti
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2019
Category : International commercial arbitration
ISBN : 9004416226

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The Selection and Removal of Arbitrators in Investor-state Dispute Settlement by Chiara Giorgetti Pdf

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor-state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the author, Chiara Giorgetti, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. The work then reviews critically the necessary and desirable qualities arbitrators need for selection and appointment, and addresses some important and related policy issues, such diversity and repeat appointments. It also includes an assessment of the calls to review the methodologies used to appoint arbitrators, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes (ICSID Secretariat). In its second part, the book addresses removing and challenging arbitrators and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities to sit in arbitral proceedings, and then evaluates the reasons for challenge and some important cases that addressed challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

Key Duties of International Investment Arbitrators

Katia Fach Gómez
Key Duties of International Investment Arbitrators Book PDF

Author : Katia Fach Gómez
Publisher : Springer
Page : 222 pages
File Size : 51,6 Mb
Release : 2018-10-31
Category : Law
ISBN : 9783319981284

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Key Duties of International Investment Arbitrators by Katia Fach Gómez Pdf

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

European Yearbook of International Economic Law 2020

Marc Bungenberg,Markus Krajewski,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
European Yearbook of International Economic Law 2020 Book PDF

Author : Marc Bungenberg,Markus Krajewski,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
Publisher : Springer Nature
Page : 449 pages
File Size : 52,5 Mb
Release : 2021-11-05
Category : Law
ISBN : 9783030590710

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European Yearbook of International Economic Law 2020 by Marc Bungenberg,Markus Krajewski,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler Pdf

Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.

Legitimacy and International Courts

Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Legitimacy and International Courts Book PDF

Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 42,7 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854

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Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein Pdf

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

The ICSID Convention

Christoph Schreuer (juriste)
The ICSID Convention Book PDF

Author : Christoph Schreuer (juriste)
Publisher : Cambridge University Press
Page : 1599 pages
File Size : 46,5 Mb
Release : 2009
Category : Arbitration and award
ISBN : 9780521885591

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The ICSID Convention by Christoph Schreuer (juriste) Pdf

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).

Arbitrating the Conduct of International Investors

Jose Daniel Amado,Jackson Shaw Kern,Martin Doe Rodriguez
Arbitrating the Conduct of International Investors Book PDF

Author : Jose Daniel Amado,Jackson Shaw Kern,Martin Doe Rodriguez
Publisher : Cambridge University Press
Page : 221 pages
File Size : 42,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781108415729

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Arbitrating the Conduct of International Investors by Jose Daniel Amado,Jackson Shaw Kern,Martin Doe Rodriguez Pdf

This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.

International Challenges in Investment Arbitration

Mesut Akbaba,Giancarlo Capurro
International Challenges in Investment Arbitration Book PDF

Author : Mesut Akbaba,Giancarlo Capurro
Publisher : Routledge
Page : 266 pages
File Size : 40,6 Mb
Release : 2018-10-03
Category : Law
ISBN : 9781351580120

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International Challenges in Investment Arbitration by Mesut Akbaba,Giancarlo Capurro Pdf

As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

International Investment Law and Arbitration

C. L. Lim,Jean Ho,Martins Paparinskis
International Investment Law and Arbitration Book PDF

Author : C. L. Lim,Jean Ho,Martins Paparinskis
Publisher : Cambridge University Press
Page : 687 pages
File Size : 48,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108842990

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International Investment Law and Arbitration by C. L. Lim,Jean Ho,Martins Paparinskis Pdf

A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.

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

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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.