Investor-State Arbitration, Sabahi Borzu, Rubins Noah, Wallace Jr Don

Автор: Gusy, Martin F. Hosking, James Martin Schwarz, Franz T.
Название: Guide to the icdr international arbitration rules
ISBN: 0198729022 ISBN-13(EAN): 9780198729020
Издательство: Oxford Academ
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Цена: 198000.00 T
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Описание: This is a comprehensively updated rule-by-rule commentary on the genesis, interpretation, and application of the ICDR Rules. It provides arbitrators, practitioners, and academics a first port of call when considering ICDR arbitration, and provide a comprehensive commentary on these important rules.

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: 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: 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: St John, Taylor
Название: The Rise of Investor-State Arbitration
ISBN: 0198789912 ISBN-13(EAN): 9780198789918
Издательство: Oxford Academ
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Цена: 91870.00 T
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Описание: This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.

Автор: Robles, Alfredo C.,
Название: The South China Sea arbitration :
ISBN: 1845199626 ISBN-13(EAN): 9781845199623
Издательство: Gazelle Book Services
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Цена: 78650.00 T
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Описание: The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.

Автор: Lim, C. L. (the Chinese University Of Hong Kong) Ho, Jean (national University Of Singapore) Paparinskis, Martins (university College London)
Название: International investment law and arbitration
ISBN: 1108823203 ISBN-13(EAN): 9781108823203
Издательство: Cambridge Academ
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Цена: 53850.00 T
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Описание: A fully revised new edition which brings together awards and other key materials with up-to-date commentary explaining the past, current and potential developments in arbitral jurisprudence and current reform debates. Includes a new chapter critical to understanding calls for arbitration reform, and over 60 additional awards and judicial decisions.

Автор: Tibor Varady, John J. Barcelo III, Stefan Kroll, Arthur T. von Mehren
Название: International Commercial Arbitration - A Transnational Perspective
ISBN: 1640207104 ISBN-13(EAN): 9781640207103
Издательство: Mare Nostrum (Eurospan)
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Цена: 262410.00 T
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Описание: Authored by three leading arbitration experts coming from different legal backgrounds who have taught worldwide, this volume covers international conventions, court decisions, arbitral awards, statutes, and arbitration rules from all over the world.

Автор: Georgios I. Zekos
Название: Developments on Courts Involvement in Arbitration: Volume 2 -- Courts and Law
ISBN: 1536148318 ISBN-13(EAN): 9781536148312
Издательство: Nova Science
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Цена: 215410.00 T
Наличие на складе: Невозможна поставка.
Описание: Arbitration is one form of alternative dispute resolution (ADR). It must be taken into account that ADR was envisioned as an alternative to litigation, with its own manifest of substantive and procedural characteristics. To that extent, arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring to court. International commercial arbitration is a legally binding dispute resolution process that substitutes for domestic courts. Arbitration began as an extrajudicial mechanism for resolving disputes. Arbitration took its rise in the very infancy of Society as a private and self-contained method, distinctive from litigation and not as a postscript to the development of public courts. Has this fact been shared by state legislation and modern arbitration practice or has arbitration been developed into an appendage of the courts? Merchants established arbitration tribunals because they felt that the courts were not sufficiently knowledgeable about commercial customs and were exceptionally slow and unwieldy. National arbitration, international commercial arbitration, and investor-state arbitration have developed on parallel but separate tracks, each reacting to different political, economic, and social settings. Although arbitration is a quasi-judicial proceeding, it is not conducted with the same degree of formality as a judicial proceeding within the United States which means that the spirit of arbitration is the parties freedom from the strict structure of ordinary judicial proceedings. Arbitration has to guarantee legal certainty, predictability, and settlement being costless. The emergence of many non-independent arbitral tribunals creates a Gordian knot by merely adding more work for courts in order to deal with so many requests for intervention in arbitrations. The current perplexing between arbitration and courts causes only confusion, profit chances for many people and less quick and cheap justice. In addition, arbitration is judicialized dependent more and more from court rulings; this causes it to lose its advantages and become more and more costly. Because of this, its validity is questionable and it might be more productive to establish more courts to employ more judges rather than struggling with arbitration as it currently functions. Taking into account that private parties are performing an escalating number of tasks that were once accomplished by the government, privatization has become so prevalent and involves delegation of state authority to private parties. This can be seen as a legal basis for the independence of arbitration under National Authority Management Arbitration (NAMA).

Название: Settling Business Disputes: Arbitration and Alternative Dispute Resolution
ISBN: 929137430X ISBN-13(EAN): 9789291374304
Издательство: Mare Nostrum (Eurospan)
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Цена: 49890.00 T
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Описание: This second edition handbook focuses on available methods of arbitration and mediation for commercial dispute resolution and deals with different types of disputes encountered in international trade and describes methods for preventing and or resolving them. Dispute resolution is an important part of risk management in international trade.

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
Наличие на складе: Поставка под заказ.
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: Kathrin Betz
Название: Proving Bribery, Fraud and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence
ISBN: 110871711X ISBN-13(EAN): 9781108717113
Издательство: Cambridge Academ
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Цена: 32730.00 T
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Описание: This book is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration. It analyses relevant case law involving alleged criminal conduct such as bribery, fraud, or money laundering within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence.