Substantive Law In Investment Treaty Arbitration

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Substantive Law in Investment Treaty Arbitration

Monique Sasson
Substantive Law in Investment Treaty Arbitration Book PDF

Author : Monique Sasson
Publisher : Kluwer Law International B.V.
Page : 328 pages
File Size : 41,7 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041161109

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Substantive Law in Investment Treaty Arbitration by Monique Sasson Pdf

This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.

Substantive Law in Investment Treaty Arbitration

Monique Sasson
Substantive Law in Investment Treaty Arbitration Book PDF

Author : Monique Sasson
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2010
Category : Law
ISBN : 9041132236

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Substantive Law in Investment Treaty Arbitration by Monique Sasson Pdf

The difficult coexistence of municipal law and international law is nowhere more evident than in the context of investment treaty disputes. Investment treaty arbitral tribunals commonly address, as a matter of international law, an alleged breach of

International Investment Arbitration

Campbell McLachlan,Laurence Shore,Matthew Weiniger
International Investment Arbitration Book PDF

Author : Campbell McLachlan,Laurence Shore,Matthew Weiniger
Publisher : Oxford International Arbitrati
Page : 0 pages
File Size : 42,5 Mb
Release : 2017
Category : Law
ISBN : 0199676801

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International Investment Arbitration by Campbell McLachlan,Laurence Shore,Matthew Weiniger Pdf

Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.

Applicable Law in International Investment Disputes

Taida Begic
Applicable Law in International Investment Disputes Book PDF

Author : Taida Begic
Publisher : Eleven International Publishing
Page : 269 pages
File Size : 51,6 Mb
Release : 2005
Category : Arbitration and award, International
ISBN : 9789077596128

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Applicable Law in International Investment Disputes by Taida Begic Pdf

This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.

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 : 41,7 Mb
Release : 2015-12-22
Category : Law
ISBN : 9789041161413

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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.

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 : 43,9 Mb
Release : 2011-11-25
Category : Law
ISBN : 9780199795727

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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.

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

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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.

Reassertion of Control Over the Investment Treaty Regime

Andreas Kulick
Reassertion of Control Over the Investment Treaty Regime Book PDF

Author : Andreas Kulick
Publisher : Unknown
Page : 128 pages
File Size : 49,5 Mb
Release : 2017
Category : International commercial arbitration
ISBN : 131678231X

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Reassertion of Control Over the Investment Treaty Regime by Andreas Kulick Pdf

"Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control"--

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 : 48,7 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.

Beyond Consent

Relja Radović
Beyond Consent Book PDF

Author : Relja Radović
Publisher : BRILL
Page : 290 pages
File Size : 41,5 Mb
Release : 2021-06-29
Category : Business & Economics
ISBN : 9789004453692

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Beyond Consent by Relja Radović Pdf

In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the development of jurisdictional rules by arbitral tribunals, against the conventional wisdom that the jurisdiction of arbitral tribunals is governed by party consent.

Investment Treaty Law

British Institute of International and Comparative Law
Investment Treaty Law Book PDF

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 51,9 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.

Substantive Protection under Investment Treaties

Jonathan Bonnitcha
Substantive Protection under Investment Treaties Book PDF

Author : Jonathan Bonnitcha
Publisher : Cambridge University Press
Page : 435 pages
File Size : 45,7 Mb
Release : 2014-08-14
Category : Law
ISBN : 9781107042414

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Substantive Protection under Investment Treaties by Jonathan Bonnitcha Pdf

This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.

The Foundations of International Investment Law

Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
The Foundations of International Investment Law Book PDF

Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : Oxford University Press
Page : 586 pages
File Size : 45,5 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685387

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The Foundations of International Investment Law by Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales Pdf

Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

Investment Treaty Arbitration

Kaj Hobér,Joel Dahlquist Cullborg
Investment Treaty Arbitration Book PDF

Author : Kaj Hobér,Joel Dahlquist Cullborg
Publisher : Edward Elgar Publishing
Page : 800 pages
File Size : 53,7 Mb
Release : 2018-06-29
Category : Law
ISBN : 9781786433626

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Investment Treaty Arbitration by Kaj Hobér,Joel Dahlquist Cullborg Pdf

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.

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 : 50,7 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.