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Author : Lukas Vanhonnaeker
Publisher : Cambridge University Press
Page : 431 pages
File Size : 47,9 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781108489430
This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.
Author : Zachary Douglas
Publisher : Cambridge University Press
Page : 685 pages
File Size : 52,6 Mb
Release : 2009-06-11
Category : Business & Economics
ISBN : 9780521855679
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Author : Anastasiia Dulska
Publisher : GRIN Verlag
Page : 64 pages
File Size : 48,8 Mb
Release : 2018-06-01
Category : Law
ISBN : 9783668716377
Diploma Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 1.7, Humboldt-University of Berlin (International Dispute Resolution Master of Laws (LL.M.) Programme), course: International Investment Arbitration, language: English, abstract: The piercing the corporate veil in ISDS plays a twofold role. From the investors’ perspective, it is instrumental if a tribunal can ignore the difference between the legal personality of the company in which they invested in and the shares that they hold. Per contra, States also invoke this doctrine by trying to convince a tribunal to look at the true personalities involved and not to allow an investor to hide behind the veil of the different legal personalities. To address these competing interests, the author of this Master Thesis in Chapter II intends to analyse the characteristic pattern and standing of shareholders in bringing indirect claims aimed to persuade the tribunal to ignore the difference between the legal personality of a company and its shareholders and to look at the true interests at stake instead. In Chapter III, the applicability of the piercing the corporate veil doctrine will be approached from the States’ perspective and when they invoke the denial of benefits clauses. On the basis of the foregoing, this Master Thesis purports to address the intersection between the jurisdiction of the arbitral tribunal in ISDS and the concepts of investor and investment underlying the application of the piercing the corporate veil doctrine. By doing so, the author of this Master Thesis explores the provisions of IIAs commented on by authoritative treatises, contemporary views embodied in articles, and jurisprudence of international investment treaty tribunals. In order to arrive at its findings and conclusions, this Master Thesis utilizes the method of description, method of conceptual analysis, comparative method, and method of evaluation.
Author : Christina L. Beharry
Publisher : BRILL
Page : 516 pages
File Size : 44,5 Mb
Release : 2018-04-12
Category : Law
ISBN : 9789004357792
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Author : Filippo Fontanelli
Publisher : BRILL
Page : 199 pages
File Size : 51,5 Mb
Release : 2018-03-27
Category : Law
ISBN : 9789004366497
In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
Author : Giorgio Sacerdoti,Pia Acconci,Mara Valenti,Anna De Luca
Publisher : Cambridge University Press
Page : 479 pages
File Size : 52,5 Mb
Release : 2014-05-29
Category : Law
ISBN : 9781107050235
Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.
Author : Chester Brown,Kate Miles
Publisher : Cambridge University Press
Page : 747 pages
File Size : 52,8 Mb
Release : 2011-11-17
Category : Law
ISBN : 9781139503617
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 : Gabriel Bottini
Publisher : Cambridge University Press
Page : 347 pages
File Size : 41,8 Mb
Release : 2020-09-17
Category : Business & Economics
ISBN : 9781108494526
Shareholder treaty claims risk multiple recovery and prejudice to third parties. Admissibility provides a screening mechanism to address these risks.
Author : Sergey Ripinsky,Kevin Williams
Publisher : BIICL
Page : 616 pages
File Size : 45,8 Mb
Release : 2008
Category : Law
ISBN : 190522124X
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Author : Michael Waibel
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 53,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132024
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Author : Julien Chaisse,Leïla Choukroune,Sufian Jusoh
Publisher : Springer
Page : 0 pages
File Size : 48,8 Mb
Release : 2021-08-17
Category : Law
ISBN : 9811336148
The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.
Author : Ernest Lim
Publisher : Cambridge University Press
Page : 655 pages
File Size : 44,6 Mb
Release : 2019-08-22
Category : Business & Economics
ISBN : 9781108426589
Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
Author : Jorun Baumgartner
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,9 Mb
Release : 2016
Category : Law
ISBN : 9780198787112
Revision of the author's thesis (doctoral)--University of Lausanne, 2015 --Acknowledgements.
Author : Rodrigo Polanco,Rodrigo Polanco Lazo
Publisher : Cambridge University Press
Page : 373 pages
File Size : 49,8 Mb
Release : 2019-01-10
Category : Law
ISBN : 9781108473385
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Author : Anonim
Publisher : Lulu.com
Page : 294 pages
File Size : 45,9 Mb
Release : 2004
Category : Bank capital
ISBN : 9789291316694