The Rise of Investor-State Arbitration, St John, Taylor

Автор: Henckels
Название: Proportionality and Deference in Investor-State Arbitration
ISBN: 1107087902 ISBN-13(EAN): 9781107087903
Издательство: Cambridge Academ
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Цена: 105600.00 T
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Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.

Автор: Caroline Henckels
Название: Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy
ISBN: 110745817X ISBN-13(EAN): 9781107458178
Издательство: Cambridge Academ
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Цена: 33790.00 T
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Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.

Автор: Irmgard Marboe
Название: Damages in Investor-State Arbitration: Current Issues and Challenges
ISBN: 9004366857 ISBN-13(EAN): 9789004366855
Издательство: Brill
Цена: 92980.00 T
Наличие на складе: Невозможна поставка.
Описание: Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.

Автор: Kabir Duggal, Wendy W. Cai
Название: Principles of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standards of Proof
ISBN: 9004366423 ISBN-13(EAN): 9789004366428
Издательство: Brill
Цена: 92980.00 T
Наличие на складе: Невозможна поставка.
Описание: In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals , Kabir Duggal and Wendy Cai explore the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof. By tracing the applications of major principles recognized by the International Court of Justice and applied by investor-state tribunal jurisprudence, the authors offer valuable insight into the interpretation, understanding, and nuances of indispensable principles of evidence, an area that has been ignored in both investor-state arbitration and public international law more generally.

Автор: Armand de Mestral
Название: Second Thoughts: Investor State Arbitration between Developed Democracies
ISBN: 1928096387 ISBN-13(EAN): 9781928096382
Издательство: Marston Book Services
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Цена: 92400.00 T
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Описание: Since the first international investment agreement was negotiated nearly six decades ago, developed countries have sought to protect their investors against the possible failure of host countries (usually a developing country) to respect treaty standards. The North American Free Trade Agreement and the European Energy Charter, both dating from 1994, marked the first instances of developed countries signing an agreement containing provisions for investor-state arbitration (ISA) between themselves. Since then, ISA has become a standard feature of international investment agreements, even as the chorus of protest against ISA from civil society groups (and some nations) has grown louder. Second Thoughts gathers the reflections of fourteen international investment experts, examining experiences of ISA in Canada and various parts of the world, and asking whether ISA is appropriate between developed democracies.

Автор: Giorgetti Chiara
Название: The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
ISBN: 9004416226 ISBN-13(EAN): 9789004416222
Издательство: Brill
Цена: 92980.00 T
Наличие на складе: Нет в наличии.
Описание: 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.

Автор: Martin Jarrett
Название: Contributory Fault and Investor Misconduct in Investment Arbitration
ISBN: 110848140X ISBN-13(EAN): 9781108481403
Издательство: Cambridge Academ
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Цена: 105600.00 T
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Описание: No area of law is growing as fast and courting as much controversy as international investment law. Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct.

Автор: Kidane, Won,
Название: The culture of international arbitration /
ISBN: 019997392X ISBN-13(EAN): 9780199973927
Издательство: Oxford Academ
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Цена: 116160.00 T
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Описание: Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within
the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in
both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in
various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane
conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in
modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

Автор: Moses
Название: The Principles and Practice of International Commercial Arbitration
ISBN: 1107008786 ISBN-13(EAN): 9781107008786
Издательство: Cambridge Academ
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Цена: 68630.00 T
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Описание: This book provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules and guidelines. The second edition includes updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration. The author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices.

Автор: Cordero-Moss
Название: International Commercial Contracts
ISBN: 1107684714 ISBN-13(EAN): 9781107684713
Издательство: Cambridge Academ
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Цена: 57010.00 T
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Описание: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses the applicable sources` impact on contracts and arbitration.

Автор: Stone Sweet Alec
Название: The Evolution of International Arbitration
ISBN: 0198739737 ISBN-13(EAN): 9780198739739
Издательство: Oxford Academ
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Цена: 41170.00 T
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Описание: This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.

Автор: Hepburn, Jarrod,
Название: Domestic law in international investment arbitration /
ISBN: 0198785739 ISBN-13(EAN): 9780198785736
Издательство: Oxford Academ
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Цена: 124080.00 T
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Описание: Domestic law often plays an important role in investment treaty arbitration, but how it should be addressed is unclear. Drawing on case law, international law principles, and comparative analysis, this book sets out a framework for engaging with domestic law.