Procedural Issues in International Investment Arbitration

Author: Jeffery Commission
Publisher: Oxford International Arbitrati
ISBN: 0198729030
Release Date: 2018-03-22
Genre: Law

Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

Procedural Issues in International Investment Arbitration

Author: Jeffrey Commission
ISBN: 0191817716
Release Date: 2018
Genre: International commercial arbitration

This text addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.

Arbitration Under International Investment Agreements

Author: Katia Yannaca-Small
Publisher: Oxford University Press on Demand
ISBN: 9780195340693
Release Date: 2010
Genre: Law

Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

The Oxford Handbook of International Investment Law

Author: Peter Muchlinski
Publisher: Oxford University Press on Demand
ISBN: 9780199231386
Release Date: 2008
Genre: Law

This work offers a comprehensive account of the current state and likely future developments of international investment law. Its broad range covers conceptual, substantive and procedural issues. Containing specially commissioned essays by leading experts in the field, this book will be of interest to both scholars and practitioners.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Author: Christina L. Beharry
Publisher: BRILL
ISBN: 9789004357792
Release Date: 2018-04-12
Genre: Law

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.

General Principles of Law and International Investment Arbitration

Author: Andrea Gattini
Publisher: BRILL
ISBN: 9789004368385
Release Date: 2018-06-01
Genre: Law

In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Domestic Law in International Investment Arbitration

Author: Jarrod Hepburn
Publisher: Oxford University Press
ISBN: 9780198785736
Release Date: 2017-02-23

Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

Human Rights in International Investment Law and Arbitration

Author: Pierre-Marie Dupuy
Publisher: Oxford University Press
ISBN: 9780199578184
Release Date: 2009
Genre: Law

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.

International Investment Law and Arbitration

Author: Andrea K. Bjorklund
Publisher: OUP Oxford
ISBN: 0199640157
Release Date: 2014-03
Genre: Law

An ideal resource for students of international investment law or international dispute settlement, this collection of primary sources contains extracts from cases, bilateral investment treaties, and other key materials, accompanied by detailed commentary and analysis. It provides a perfect introduction to the most important topics in this field.

Litigating International Investment Disputes

Author: Chiara Giorgetti
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004276574
Release Date: 2014-07-04
Genre: Law

Litigating International Investment Disputes: A Practitioner’s Guide serves as a comprehensive and straightforward resource for those who are new to international investment arbitration, as well as for seasoned practitioners.

Investment Treaty Arbitration as Public International Law

Author: Eric De Brabandere
Publisher: Cambridge University Press
ISBN: 9781107066878
Release Date: 2014-09-15
Genre: Law

This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

Handbook of Investment Arbitration

Author: Thomas H. Webster
Publisher: Sweet & Maxwell
ISBN: 0414044649
Release Date: 2012
Genre: International commercial arbitration

Investment arbitration is a dynamic and emergent area in international arbitration. Handbook of Investment Arbitration, Commentary, Precedents and Models for ICSID Arbitration will provide essential commentary on the ICSID Rules, as well as a comprehensive and systematic explanation of procedural issues and the substantive law governing investment arbitration.

International Arbitration

Author: John Norton Moore
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004246225
Release Date: 2013-02-06
Genre: Law

International Arbitration: Contemporary Issues and Innovations brings together papers by top experts on arbitration which examine important contemporary issues in international arbitration.

Reassertion of Control over the Investment Treaty Regime

Author: Andreas Kulick
Publisher: Cambridge University Press
ISBN: 9781107172654
Release Date: 2016-12-15
Genre: Business & Economics

This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.