Proportionality In Investor State Arbitration

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Proportionality in Investor-State Arbitration

Gebhard Bücheler
Proportionality in Investor State Arbitration Book PDF

Author : Gebhard Bücheler
Publisher : Unknown
Page : 128 pages
File Size : 53,7 Mb
Release : 2015
Category : International commercial arbitration
ISBN : 0191792047

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Proportionality in Investor-State Arbitration by Gebhard Bücheler Pdf

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticised for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-state arbitration.

Proportionality in Investor-State Arbitration

Gebhard B?cheler
Proportionality in Investor State Arbitration Book PDF

Author : Gebhard B?cheler
Publisher : OUP Oxford
Page : 369 pages
File Size : 43,6 Mb
Release : 2015-06-11
Category : Law
ISBN : 9780191036330

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Proportionality in Investor-State Arbitration by Gebhard B?cheler Pdf

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.

Proportionality and Deference in Investor-State Arbitration

Caroline Henckels
Proportionality and Deference in Investor State Arbitration Book PDF

Author : Caroline Henckels
Publisher : Cambridge University Press
Page : 265 pages
File Size : 49,5 Mb
Release : 2015-10-15
Category : Law
ISBN : 9781107087903

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Proportionality and Deference in Investor-State Arbitration by Caroline Henckels Pdf

Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

Valentina Vadi
Proportionality Reasonableness and Standards of Review in International Investment Law and Arbitration Book PDF

Author : Valentina Vadi
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 54,6 Mb
Release : 2018-04-27
Category : LAW
ISBN : 9781785368585

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Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration by Valentina Vadi Pdf

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

Investor State Arbitration in a Changing World Order

Alexander W. Resar,Tai-Heng Cheng
Investor State Arbitration in a Changing World Order Book PDF

Author : Alexander W. Resar,Tai-Heng Cheng
Publisher : BRILL
Page : 95 pages
File Size : 51,6 Mb
Release : 2021-06-22
Category : Law
ISBN : 9789004390591

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Investor State Arbitration in a Changing World Order by Alexander W. Resar,Tai-Heng Cheng Pdf

Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.

The Role of the State in Investor-State Arbitration

Shaheeza Lalani,Rodrigo Polanco Lazo
The Role of the State in Investor State Arbitration Book PDF

Author : Shaheeza Lalani,Rodrigo Polanco Lazo
Publisher : Martinus Nijhoff Publishers
Page : 506 pages
File Size : 55,7 Mb
Release : 2015-01-08
Category : Law
ISBN : 9789004282254

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The Role of the State in Investor-State Arbitration by Shaheeza Lalani,Rodrigo Polanco Lazo Pdf

Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Investment Treaty Arbitration and International Law - Volume 8

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

Author : Ian A. Laird,Sabahi, Frédéric G. Sourgens,Todd J. Weiler,
Publisher : Juris Publishing, Inc.
Page : 417 pages
File Size : 42,9 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

Investor – State Arbitration and Human Rights

Filip Balcerzak
Investor State Arbitration and Human Rights Book PDF

Author : Filip Balcerzak
Publisher : BRILL
Page : 331 pages
File Size : 52,9 Mb
Release : 2017-08-14
Category : Law
ISBN : 9789004339002

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Investor – State Arbitration and Human Rights by Filip Balcerzak Pdf

In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.

Damages in Investor-State Arbitration

Irmgard Marboe
Damages in Investor State Arbitration Book PDF

Author : Irmgard Marboe
Publisher : BRILL
Page : 92 pages
File Size : 48,9 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.

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 : 55,9 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004363038

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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.

Introduction to Investor-State Arbitration

Yves Derains,Josefa Sicard-Mirabal
Introduction to Investor State Arbitration Book PDF

Author : Yves Derains,Josefa Sicard-Mirabal
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 54,7 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`

Investor-State Arbitration

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

Author : Christopher F. Dugan,Don Wallace,Noah Rubins,Borzu Sabahi
Publisher : Oxford University Press
Page : 128 pages
File Size : 54,9 Mb
Release : 2011-11-25
Category : Law
ISBN : 9780199374885

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

Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.

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 : 53,6 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.

Human Rights in International Investment Law and Arbitration

Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Human Rights in International Investment Law and Arbitration Book PDF

Author : Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 646 pages
File Size : 55,8 Mb
Release : 2009
Category : Law
ISBN : 9780199578184

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Human Rights in International Investment Law and Arbitration by Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann Pdf

There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

International Investment Law and Comparative Public Law

Stephan W. Schill
International Investment Law and Comparative Public Law Book PDF

Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 46,6 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199589104

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International Investment Law and Comparative Public Law by Stephan W. Schill Pdf

International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.