International Investment Arbitration in a Nutshell PDF Download

Author: FRANCO. FERRARI
Publisher: West Academic Publishing
ISBN: 9781634596527
Category :
Languages : en
Pages : 616

View

Book Description
Foreign direct investment ("FDI") is a key pillar of the world's global economy. International investment law comprises the rules regarding the protection of investors engaging in FDI activities. This book summarizes the current legal regime of international investment protection and the challenges that lie ahead of it. Its ambition is to provide a concise introduction to the key substantive and procedural standards of international investment protection.

Author: Franco Ferrari
Publisher:
ISBN: 9781684678747
Category : International commercial arbitration
Languages : en
Pages :

View

Book Description
Foreign direct investment ("FDI) "is a key pillar of the world's global economy. International investment law comprises the rules regarding the protection of investors engaging in FDI activities. This book summarizes the current legal regime of international investment protection and the challenges that lie ahead of it. Its ambition is to provide a concise introduction to the key substantive and procedural standards of international investment protection.

Author: Yves Derains
Publisher: Kluwer Law International B.V.
ISBN: 9041184015
Category : Law
Languages : en
Pages : 362

View

Book Description
Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

Author: GEORGE A. BERMANN
Publisher: West Academic Publishing
ISBN: 9780314264817
Category :
Languages : en
Pages : 356

View

Book Description
This is a 1st edition of a Nutshell on an exceptionally topical subject. International Commercial Arbitration is a flourishing alternative to the litigation of transnational disputes in domestic courts. Unlike other subjects, it must deal with two interlocking international dispute resolution regimes: the complex international arbitral regime itself, together with the important role of courts in enforcing arbitration agreement, intervening in an ongoing arbitration, and conducting judicial review of the eventual awards.

Author: Meg Kinnear
Publisher: Kluwer Law International B.V.
ISBN: 9041161414
Category : Law
Languages : en
Pages : 723

View

Book Description
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

Author: Michael Waibel
Publisher: Kluwer Law International B.V.
ISBN: 9041132023
Category : Law
Languages : en
Pages : 674

View

Book Description
"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.

Author: Ralph Haughwout Folsom
Publisher:
ISBN: 9781684675418
Category : LAW
Languages : en
Pages :

View

Book Description
"This Nutshell introduces foreign investment entry and operational control patterns, investment-related technology transfers, and expropriation issues. It also explores the multitude of bilateral investment treaties (BITs). Investment regimes under free trade agreements (FTAs) are considered, with special attention to the dynamic rules of NAFTA 1994 and its USMCA 2020 successor. Controversial foreign investor-host state arbitration awards and systems are closely examined. Investing in China, Europe and North America are presented as “case studies”." -- Publisher.

Author: Katia Yannaca-Small
Publisher:
ISBN: 0195340698
Category : Business & Economics
Languages : en
Pages : 790

View

Book Description
Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.

Author: Daniel Behn
Publisher: Cambridge University Press
ISBN: 1108943756
Category : Law
Languages : en
Pages : 581

View

Book Description
International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Author: RALPH H. FOLSOM
Publisher: West Academic Publishing
ISBN: 9780314905444
Category :
Languages : en
Pages : 546

View

Book Description
Home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The number of transactions and sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national, occasionally regional, in character. There are many intriguing variations on foreign investment law around the world. Foreign Investment Law including Investor-State Arbitrations in a Nutshell, 3d reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. This Nutshell introduces foreign investment entry and operational control patterns, investment-related technology transfers, and expropriation issues. It also explores the multitude of bilateral investment treaties (BITs). Investment regimes under free trade agreements (FTAs) are considered, with special attention to the dynamic rules of NAFTA 1994 and its USMCA 2020 successor. Controversial foreign investor-host state arbitration awards and systems are closely examined. Investing in China, Europe and North America are presented as "case studies".