Toward Uniformly Accepted Principles For Interpreting Mfn Clauses

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Toward Uniformly Accepted Principles for Interpreting MFN Clauses

Nudrat Ejaz Piracha
Toward Uniformly Accepted Principles for Interpreting MFN Clauses Book PDF

Author : Nudrat Ejaz Piracha
Publisher : Kluwer Law International B.V.
Page : 606 pages
File Size : 50,7 Mb
Release : 2021-06-07
Category : Law
ISBN : 9789403532745

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Toward Uniformly Accepted Principles for Interpreting MFN Clauses by Nudrat Ejaz Piracha Pdf

siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.

Yearbook Commercial Arbitration, Volume XLVI (2021)

Stephan W. Schill
Yearbook Commercial Arbitration Volume XLVI 2021 Book PDF

Author : Stephan W. Schill
Publisher : Kluwer Law International B.V.
Page : 736 pages
File Size : 49,9 Mb
Release : 2021-12-02
Category : Law
ISBN : 9789403542126

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Yearbook Commercial Arbitration, Volume XLVI (2021) by Stephan W. Schill Pdf

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVI (2021) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA), as well as awards rendered in accordance with the rules of the Stockholm Chamber of Commerce (SCC); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Belize, Brazil, Ecuador, Ethiopia, Hong Kong SAR, India, Iran, Iraq, Malawi, Ukraine, and Uzbekistan ; • excerpts of 85 court decisions applying the 1958 New York Convention from 28 countries – including, for the first time, cases from Costa Rica, Cuba, and Iran – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; • excerpts from three decisions applying the 1965 Washington (ICSID) Convention and three decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of nine court decisions of general interest; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Custom and its Interpretation in International Investment Law

Konrad Turnbull
Custom and its Interpretation in International Investment Law Book PDF

Author : Konrad Turnbull
Publisher : Cambridge University Press
Page : 433 pages
File Size : 45,9 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781009255424

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Custom and its Interpretation in International Investment Law by Konrad Turnbull Pdf

This edited volume provides an in-depth study of customary international law and its interpretation in international investment law.

International Investment Law

Hélène Ruiz Fabri,Edoardo Stoppioni
International Investment Law Book PDF

Author : Hélène Ruiz Fabri,Edoardo Stoppioni
Publisher : Bloomsbury Publishing
Page : 663 pages
File Size : 41,8 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781509929061

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International Investment Law by Hélène Ruiz Fabri,Edoardo Stoppioni Pdf

Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

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 : 52,6 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.

International Investment Law

Tarcisio Gazzini,Eric De Brabandere
International Investment Law Book PDF

Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 53,8 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538

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International Investment Law by Tarcisio Gazzini,Eric De Brabandere Pdf

Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.

Prospects in International Investment Law and Policy

Roberto Echandi,Pierre Sauvé
Prospects in International Investment Law and Policy Book PDF

Author : Roberto Echandi,Pierre Sauvé
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,8 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107355606

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Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé Pdf

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

Most-favoured-nation Treatment

United Nations Conference on Trade and Development
Most favoured nation Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 164 pages
File Size : 52,8 Mb
Release : 2010
Category : Political Science
ISBN : UCBK:C107411463

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Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf

The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

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 : 48,9 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.

Fair and Equitable Treatment

Patrick Dumberry
Fair and Equitable Treatment Book PDF

Author : Patrick Dumberry
Publisher : BRILL
Page : 88 pages
File Size : 49,9 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004366121

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Fair and Equitable Treatment by Patrick Dumberry Pdf

This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.

International Investment Law and Legal Theory

Jörg Kammerhofer
International Investment Law and Legal Theory Book PDF

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
Page : 391 pages
File Size : 47,5 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781108839174

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International Investment Law and Legal Theory by Jörg Kammerhofer Pdf

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Towards Consistency in International Investment Jurisprudence

Katharina Diel-Gligor
Towards Consistency in International Investment Jurisprudence Book PDF

Author : Katharina Diel-Gligor
Publisher : BRILL
Page : 614 pages
File Size : 48,5 Mb
Release : 2017-05-30
Category : Business & Economics
ISBN : 9789004337916

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Towards Consistency in International Investment Jurisprudence by Katharina Diel-Gligor Pdf

In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the problem of inconsistent arbitral decision-making, with a focus on ICSID arbitration. After analysing the causes, forms, and manifestations of inconsistencies, she proposes a preliminary ruling system as a means of reform.

Resource Book on TRIPS and Development

Unctad-ictsd
Resource Book on TRIPS and Development Book PDF

Author : Unctad-ictsd
Publisher : Unknown
Page : 829 pages
File Size : 45,9 Mb
Release : 2005
Category : Economic development
ISBN : 1139444972

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Resource Book on TRIPS and Development by Unctad-ictsd Pdf

NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.

Contract Interpretation in Investment Treaty Arbitration

Yuliya Chernykh
Contract Interpretation in Investment Treaty Arbitration Book PDF

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 50,6 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Commentaries on Selected Model Investment Treaties

Chester Brown
Commentaries on Selected Model Investment Treaties Book PDF

Author : Chester Brown
Publisher : Oxford University Press
Page : 1018 pages
File Size : 48,7 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780199645190

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Commentaries on Selected Model Investment Treaties by Chester Brown Pdf

Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme