Investor State Arbitration in a Changing World Order
Title | Investor State Arbitration in a Changing World Order PDF eBook |
Author | Alexander W. Resar |
Publisher | BRILL |
Total Pages | 95 |
Release | 2021-06-22 |
Genre | Law |
ISBN | 9004390596 |
Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.
Investor-State Arbitration
Title | Investor-State Arbitration PDF eBook |
Author | Christopher Dugan |
Publisher | Oxford University Press |
Total Pages | 818 |
Release | 2011-11-25 |
Genre | Law |
ISBN | 019979572X |
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.
The Role of the State in Investor-State Arbitration
Title | The Role of the State in Investor-State Arbitration PDF eBook |
Author | Shaheeza Lalani |
Publisher | Martinus Nijhoff Publishers |
Total Pages | 506 |
Release | 2015-01-08 |
Genre | Law |
ISBN | 9004282254 |
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.
The Future of Investor-State Dispute Settlement
Title | The Future of Investor-State Dispute Settlement PDF eBook |
Author | Ben Beaumont |
Publisher | Kluwer Law International B.V. |
Total Pages | 255 |
Release | 2024-02-13 |
Genre | Law |
ISBN | 9403547731 |
What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.
The Return of the Home State to Investor-State Disputes
Title | The Return of the Home State to Investor-State Disputes PDF eBook |
Author | Rodrigo Polanco |
Publisher | Cambridge University Press |
Total Pages | 373 |
Release | 2019-01-10 |
Genre | Law |
ISBN | 1108473385 |
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
The Backlash Against Investment Arbitration
Title | The Backlash Against Investment Arbitration PDF eBook |
Author | Michael Waibel |
Publisher | Kluwer Law International B.V. |
Total Pages | 674 |
Release | 2010-01-01 |
Genre | Law |
ISBN | 9041132023 |
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
The Changing Practices of International Law
Title | The Changing Practices of International Law PDF eBook |
Author | Tanja Aalberts |
Publisher | Cambridge University Press |
Total Pages | 273 |
Release | 2018-04-05 |
Genre | Law |
ISBN | 1108425976 |
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.