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Introductory Materials
Principles of international business transactions by Ralph H. Folsom, Michael P. Van Alstine, Michael D. Ramsey
The Fifth Edition of Principles of International Business Transactions provides a more comprehensive examination of the law relevant to the subject matter and detailed citations to caselaw and other supporting authorities. It can be used by courts and legal practitioners as a resource for research and analysis, as well as by students and professors as a supplement for any international business law course. It tracks the authors' popular problem-oriented coursebook, International Business Transactions. Coverage moves sequentially from structuring international sales transactions to international sales law and letters of credit to regulation of international trade to transfers of technology to foreign investment to international business dispute settlement.
Publication Date: 2022
ICSID: an Introduction to the Convention and Centre by Antonio Parra
Overviews of the Convention and Centre -- Beginnings and growth of ICSID -- Jurisdiction of the Centre -- Initiation and conduct of arbitration proceedings -- Applicable law -- Finality and enforcement of awards -- Looking ahead : ICSID and ISDS reform -- Appendices: I. Convention on the Settlement of Investment Disputes between States and Nationals of Other States -- II. Report of the Executive Directors on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Publication Date: 2020
The History of ICSID 2d by Antonio R. Parra
This revised edition details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty. Parra traces the immediate origins of the Convention and gives a narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The separate chapters examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID. It is essential reading for those involved in this field
Publication Date: 2017
International investment law and general international law : radiating effects? by Christian J. Tams (Professor of International Law, University of Glasgow, UK), Stephan W. Schill (Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands), and Rainer Hofmann (Professor of Public Law, Public International Law and European Law, University of Frankfurt, Germany)
"This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law"-- Provided by publisher
Publication Date: 2023
In-Depth Materials
The Protection of Intellectual Property Rights under International Investment Law by Simon Klopschinski; Christopher Gibson; Henning Grosse Ruse-Khan
Contents Background on international investment law and intellectual property -- Investor-state dispute settlement and review of new IP-related investment cases -- Intellectual property as investment -- Relative treatment standards : national treatment and the most favoured nation clause -- Absolute standards of treatment : fair and equitable treatment, full protection and security -- Expropriation -- Outlook
Summary This book analyzes the standards of treatment and protection enshrined in international investment agreements (IIAs), which regard intellectual property rights as a protected investment
Publication Date: 2021
International Investment Law and Arbitration: commentary, awards, and other materials 2d by Chin Lim; Jean Ho; Martins Paparinskis
The origins of investment protection and international investment law -- Investment contracts and internationalisation -- The metamorphosis of investment treaties -- Investment dispute settlement -- Jurisdiction, admissibility, and parallel proceedings -- Applicable laws -- Arbitrators -- Evidence -- Provisional measures -- Protected investments -- Protected investors -- Fair and equitable treatment, and full protection and security -- Contingent standards : national treatment and most-favoured nation treatment -- Expropriation -- Umbrella clauses -- Defences -- Remedies -- Costs and legal fees -- Challenging and enforcing awards, and the question of foreign state immunities -- New directions in international investment law and arbitration
Summary "The aim of the second edition remains that of the first. We are grateful to our colleagues in the law school teaching profession for adopting the first edition which appeared just less than three years ago. When Cambridge University Press requested a new edition so swiftly we did not hesitate due to the rapid, even clamorous, movements in the field. The second edition is expanded slightly with a new chapter, a new Chapter 7, by Lim and Paparinskis on the arbitrators, not least as the authors feel that it is indispensable to an understanding of present calls for reform of investment arbitration"-- Provided by publisher
Publication Date: 2021
Research handbook on foreign direct investment by Markus Krajewski and Rhea Tamara Hoffmann (Eds.)
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Publication Date: 2019
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by Christina L. Beharry (Editor)
Procedural tools to facilitate the quantification of damages in investor-state arbitration / Adam Douglas -- Third-party financing in investment arbitration / Victoria Sahani, Mick Smith and Christiane Deniger -- Reflective loss and its limits under international investment law / Mark A. Clodfelter and Joseph D. Klingler -- Causation and injury in investor-state arbitration / Patrick W. Pearsall and J. Benton Heath -- Assessing compensation and damages in expropriation versus non-expropriation cases / Irmgard Marboe -- Moral damages / Patrick Dumberry -- Approaches to valuation in investment treaty arbitration / Noah Rubins, Vasuda Sinha and Baxter Roberts -- Discounted cash flow method / Kai F. Schumacher and Henner Klönne -- Measuring country risk in international arbitration / James Searby -- Valuation techniques for early-stage businesses in investor-state arbitration / Garrett Rush, Kiran Sequeira and Matthew Shopp -- Valuing natural resources investments / Richard Caldwell, Darrell Chodorow and Florin Dorobantu -- Principles limiting the amount of compensation / Borzu Sabahi, Kabir Duggal and Nicholas Birch -- Counterclaims and state claims / Jeremy K. Sharpe and Marc Jacob -- Approaches to the award of interest / Mark Beeley -- The allocation of costs in investment treaty arbitration / Matthew Hodgson and Alastair Campbell -- Post-award challenges of damages assessments / Christina L. Beharry
Publication Date: 2018
International Investment Arbitration 2d by Campbell McLachlan; Laurence Shore; Matthew Weiniger
"[This book reviews] the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law...The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007...Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law."-- Provided by publisher
Publication Date: 2017
The International Law on Foreign Investment 4th by M. Sornarajah
The shaping factors -- Controls by the host state -- The liability of multinational corporations and home state measures -- Bilateral investment treaties -- Multilateral and regional instruments on foreign investment -- Settlement of investment disputes : contract-based arbitration -- Treaty-based investment arbitration : jurisdictional issues -- Causes of action : breaches of treatment standards -- The taking of foreign property -- Compensation for nationalisation of foreign investments -- Defences to responsibility
Publication Date: 2017
The Use of Economics in International Trade and Investment Disputes by Theresa Carpenter (Editor); Marion Jansen (Editor); Joost Pauwelyn (Editor)
1. Introduction: the use of economics in international trade and investment disputes Marion Jansen, Joost Pauwelyn and Theresa Carpenter; Part I. The Use of Economics in International Trade and Investment Disputes: A Practitioner's View: 2. Integrating economic analysis into WTO dispute settlement practice: a view from the trenches Robert Teh and Alan Yanovich; 3. Present at the creation: economists and accountants in international trade law practice Thomas Graham; 4. The role of economics in WTO dispute settlement and choosing the right litigation strategy -- a practitioner's view Christian Lau and Simon Schropp; 5. On interpretation and economic analysis of law David Unterhalter; 6. The client's perspective James Flett; 7. The use of economics in competition law: what works and what doesn't across national jurisdictions? Bruce Malashevich; Part II. The Use of Economics in International Trade Disputes: Economic Versus Legal Thinking: 8. What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes Anne van Aaken; 9. Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes Marion Jansen and Marios Iacovides; 10. Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis Petros Mavroidis and Damien Neven; 11. The economics of actionable subsidy disputes Jorge Miranda; 12. In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims Pablo M. Bentes; 13. The games we play -- simulation models in merger analysis and their potential use in trade litigation Amar Breckenridge; Part III. The Use of Economics in International Investment Disputes: Liability and Damages: 14. Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration Wolfgang Alschner; 15. An economic assessment of contracts and requests for contract reform and damages in international arbitration Bastian Gottschling and Willis Geffert; 16. Economics in investor-state arbitration beyond quantum Carla Chavich and Pablo Lopez; 17. Assessing investor damages involving publicly traded companies -- with examples from the Yukos' cases Manuel A. Abdala and Alan Rozenberg; 18. From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation Fuad Zarbiyev; Conclusion Theresa Carpenter, Marion Jansen and Joost Pauwelyn; Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement Theresa Carpenter, Marion Jansen and Joost Pauwelyn
Publication Date: 2017
The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties by Kenneth J. Vandevelde
This work provides a history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The author explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives
Publication Date: 2017
Domestic Law in International Investment Arbitration by Jarrod Hepburn
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
Publication Date: 2017
Treaty Shopping in International Investment Law by Jorun Baumgartner
What is ‘treaty shopping’ and how may ‘legitimate nationality planning’ be distinguished from ‘treaty abuse’ in international investment law? Should a claimant that is controlled by a host State national be a protected investor, or should tribunals ‘pierce its corporate veil’? Does an investor have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are ‘denial of benefits’ clauses to counter treaty shopping? These are some of the salient questions investment arbitral tribunals have been increasingly faced with in past years when deciding on whether an investment claim based on ‘treaty shopping’ should be upheld or dismissed. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investor’s right to sue the host State on grounds of alleged breaches of investment obligations. The book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.
Publication Date: 2017
Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by Andrew D. Mitchell; David Heaton; Caroline Henckels
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Publication Date: 2016
International Investment Law by Surya P. Subedi
International investment law in a changing world -- Evolution of international investment law -- International efforts to regulate foreign investment -- Protection of foreign investment in customary international law -- Protection of foreign investment through bilateral investment treaties -- Fleshing out the principles through jurisprudence -- Current issues in international investment law -- Addressing current challenges in international investment law -- Concluding observations
Publication Date: 2016
Interpretation of International Investment Treaties by Tarcisio Gazzini
Introduction -- Overview of international investment treaties -- Main features of International investment treaties -- Ordinary meaning of the terms of the treaty -- Context -- Object(s) and purpose(s) -- Subsequent agreements and subsequent practice -- Other rules of international law -- Special meaning -- Supplementary means -- Plurilingual treaties -- Interpretative value of arbitral decisions -- Interpretative value of scholarly writings -- The role of states in the interpretation of investment treaties -- Conclusions
Publication Date: 2016
Analogies in International Investment Law and Arbitration by Valentina Vadi
"This book aims at scrutinising the role that comparative reasoning plays in international investment law and arbitration and identifying a method for drawing sound analogies. This investigation is of the utmost theoretical and practical relevance for investment law scholars and practitioners. It can also attract comparative lawyers' interests proposing international investment law as a new frontier of investigation for comparative law"-- Provided by publisher
Publication Date: 2015
Intellectual property rights as foreign direct investments: from collusion to collaboration by Lukas Vanhonnaeker
This discerning book examines the interface between intellectual property and foreign direct investments to consider one key question: how does the international investment law framework and the international legal regime regulating intellectual property converge? The book scrutinizes circumstances in which and to what extent international investment law’s traditional protective standards apply to intellectual property rights investments and contributes to debate surrounding the fragmentation of international law, arising from its expansion and diversification.
Publication Date: 2015
Reshaping the Investor-State Dispute Settlement System by Jean E. Kalicki (Editor); Anna Joubin-Bret (Editor)
Nijhoff International Investment Law Series Introduction / Anna Joubin-Bret and Jean E. Kalicki -- Delegating interpretative authority in investment treaties : the case of joint administrative commissions / Anne van Aaken -- Lessons from international uniform law / Joshua Karton -- Which is to be the master? : extra-arbitral interpretative procedures for IIAs / Michael Ewing-Chow and Junianto James Losari -- Keeping interpretation in investment treaty arbitration 'on track' : the role of state parties / Tomoko Ishikawa -- Travaux preparatoires and the legitimacy of investor-state arbitration / Baiju S. Vasani and Anastasiya Ugale -- Reform of investor-state dispute settlement : the U.S. experience / Karen L. Kizer and Jeremy K. Sharpe -- Rethinking rights and responsibilities in investor-state dispute settlement : some model international investment agreement provisions / Elizabeth Boomer -- Examining the formative aspect of investment treaty commitments : lessons from commercial law and trade law / Locknie Hsu -- Limiting investor access to investment arbitration : a solution without a problem? / Liang-Ying Tan and Amal Bouchenaki -- Back to the future : contemplating a return to the exhaustion rule / Daniel Kalderimis -- ISDS growing pains and responsible adulthood / Silvia Constain -- In search of a model for the reform of international investment dispute resolution: an analysis of existing international and regional dispute settlement mechanisms / Nicolette Butler -- The abiding role of state-state engagement in the resolution of investor-state disputes / Theodore R. Posner and Marguerite C. Walter -- Permanent investment tribunals : the momentum is building up / Omar E. Garcia-Bolivar -- The challenges of creating a standing international investment court / Eduardo Zuleta -- Making impossible investor-state reform possible / Luis Gonzalez Garcia -- Appellate mechanisms for investment arbitration : worth a second look for the trans-Pacific partnership and the proposed EU-U.S. FTA? / Barton Legum -- Appellate review in investor-state arbitration / Eun Young Park -- Reform of the investor-state arbitration regime : the appeal proposal / Gabriel Bottini -- Introduction of an appellate review mechanism for international investment disputes: expected benefits and remaining tasks / Jaemin Lee -- Why ICSID doesn't need an appellate procedure, and what to do instead / Kristina Andelic -- Fragmentation and harmonization in the ICSID decision-making process / Roberto Castro de Figueiredo -- Initial hiccups or more? : efforts of the EU to find its future role in international investment law / Jan Asmus Bischoff -- The emperor has no clothes : a critique of the debate over reform of the ISDS system / J.J. Saulino and Josh Kallmer -- Advancing reform at ICSID / Antonio R. Parra -- UN commission on international trade law and multilateral rule-making: consensus, sovereignty and the role of international organizations in the preparation of the UNCITRAL rules on transparency / Julia Salasky and Corinne Montineri -- Inter-governmental evaluation of investor-state dispute settlement : recent work at the OECD-hosted freedom of investment roundtable / David Gaukrodger and Kathryn Gordon -- The sixth path : reforming investment law from within / Stephan W. Schill -- Achieving a faster ICSID / Adam Raviv -- Streamlining the ICSID process : new statistical insights and comparative lessons from other institutions / Joongi Kim -- Interim costs orders : the tribunal's tool to encourage procedural economy / Jeffrey Sullivan and David Ingle -- Costs in investment treaty arbitration : the case for reform / Matthew Hodgson -- Distinguishing investors from exporters under investment treaties / Mark Feldman -- ICSID treaty counterclaims : case law and treaty evolution / Jose Antonio Rivas -- ICSID annulment standards : who has finally won the Reisman v. Broches debate of two decades ago? / Nikolaos Tsolakidis -- ICSID annulment reform: are we looking at the right problem? / Mallory Silberman -- Addressing and redressing errors in ICSID arbitration / Diego Brian Gosis -- Do we need investment arbitration? / Christoph Schreuer
Publication Date: 2015
The Law of Investment Treaties 2d by Jeswald W. Salacuse
A global regime for investment -- The nature and significance of international investment -- The foundations of international investment law -- A history of international investment treaties -- The general structure of investment treaties -- The interpretation of investment treaties -- Scope of application of investment treaties -- Investment promotion, admission, and establishment -- General treatment standards -- Monetary transfers and treatment -- Treatment of state obligations (the 'umbrella clause') -- Protection against expropriation, nationalization, and dispossession -- Other treatment standards -- Investment treaty exceptions, modifications, and terminations -- Investment treaty dispute settlement -- The consequences of treaty violations
Publication Date: 2015
Treaty Conflicts in Investment Arbitration by Ghouri
This title focuses on the interaction between international investment law and other systems of international law. Looking at the challenges in this area from the perspective of treaty conflicts, the author examines and comments on cases where obligations in two treaties can conflict with one another
Publication Date: 2015
Transparency in International Investment Arbitration by Dimitrij Euler (Editor); Markus Gehring (Editor); Maxi Scherer (Editor); Meagan Wong (Assisted by); Rebecca Hadgett (Assisted by)
Introduction / Maxi Scherer, Markus Gehring and Dimitrij Euler -- Public interest in investment arbitration / Markus Gehring and Dimitrij Euler -- Article 1:Scope of application / Krista Nadakavukaren Schefer -- Article 2:Publication of information at the commencement of arbitral proceedings / Giuseppe Bianco -- Article 3:Publication of documents / Christopher Kee -- Article 4:Submission by a third person / Mariel Dimsey -- Article 5:Submission by a non-disputing party to the treaty / Martins Paparinskis and Jessica Howley -- Article 6:Hearings / Klint Alexander -- Article 7:Exception to transparency / Thierry P. Augsburger -- Article 8:Repository of published information / Kathleen Claussen -- The application of transparency / Johannes Koepp and Cameron Sim -- Conclusion: The rules as a swing of the pendulum? / Dimitrij Euler and Maxi Scherer
Publication Date: 2015
The International minimum standard and fair and equitable treatment by Martins Paparinskis
Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspects of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.
Publication Date: 2013
Applicable law in investor-state arbitration: the interplay between national and international law / by Hege Elisabeth Kjos
This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.
Publication Date: 2013
Principles of International Investment Law by Rudolf Dolzer; Christoph Schreuer
1. History, sources, and nature of international investment law -- 2. Interpretation and application of investment treaties -- 3. Investors and investments -- 4. Investment contracts -- 5. Admission and establishment -- 6. Expropriation -- 7. Standards of protection -- 8. State responsibility and attribution -- 9. Political risk insurance -- 10. Settling investment disputes
Publication Date: 2013
Compensation and Restitution in Investor-State Arbitration by Borzu Sabahi
This is a concise guide for lawyers, valuation experts academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used
Publication Date: 2011
Handbook on International Arbitration and ADR 2d by American Arbitration Association
The AAA Handbook on International Arbitration and ADR is a succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal arbitral decisions. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Publication Date: 2010
International Investment Law and Comparative Public Law by Stephan W. Schill
International investment law is one of fastest-growing areas of law, but it is plagued by the vagueness of many investors' rights & unpredictable investment tribunal decisions. This book analyses international investment law through the lens of comparative public law to clarify investment treaty obligations & arbitral procedure
Publication Date: 2010
State Liability in Investment Treaty Arbitration by Santiago Montt
The latin american position on state responsibility, looking into the past for lessons on the future -- The BIT generation's emergence as a collective action problem. Prisoner's dilemma or network effects? -- Trading off sovereignty for credibility : questions of legitimacy in the BIT generation -- Property rights v the public interests : a comparative approach to a global puzzle -- Investments, indirect expropriations and the regulatory state -- Controlling arbitrariness through the fair and equitable standard -- Conclusions : future of the BIT generation : for a global legal order committed to the rule of law and human welfare
Publication Date: 2009
Redfern and Hunter on International Arbitration by Nigel Blackaby KC; Constantine Partasides KC; Alan Redfern
"Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration"-- Provided by publisher
Publication Date: 2023
Investment Treaty Arbitration and Public Law by H. H. A. Van Harten
The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. The book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course with limited scope for judicial review. Also, arbitrators are able to award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than other adjudicative decisions in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge to the principle of judicial independence. To address this, the book argues that the system be replaced with an international investment court, properly constituted according to public law principles and made up of tenured judges.
Publication Date: 2007
Foreign Investment Disputes by R. Doak Bishop; James Crawford; Michael Reisman
This indispensable handbook is the first legal resource to gather together the most important cases and commentary no the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the basis source material into a well-organised and up-to-date volume covering the full scope of the subject. The work provides broad coverage of all aspects of foreign investment disputes: the treaty system protecting investments, investment contracts and key clauses, forums for resolving investment disputes, political risk insurance, applicable law, principles of state responsibility, investor rights under investment treaties and customary international law, defenses to investor claims, reparations, procedure and proof, and enforcement of arbitral awards. Of particular value to practitioners are such features as the following: the most relevant excerpts from the most important cases dealing with foreign investment disputes; questions and comments prepared by the authors, who are senior lawyers and professors with vast experience and expertise in the subject matter; excerpts from decisions of the Overseas Private Investment Corporation interpreting the key terms of political risk insurance policies, and, key clauses in investment contracts. Foreign Investment Dispute: Cases, Materials and Commentary will be of inestimable value to practitioners in the field, both experienced and novice, as well as to academics. As a well-organised and easy-to-use compilation of the key materials from both case law and secondary sources, it has no peers.
Publication Date: 2005
Arbitrating Foreign Investment Disputes by Norbert Horn; Stefan Kroll (Editor)
For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.
Publication Date: 2004
Dispute settlement and the reform of international investment law : legalization through adjudication by Chen Yu (postdoctoral research fellow, Faculty of Law, National University of Singapore, Singapore)
"The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both "institutional" and "internal" limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court. The novel perspectives presented in this book will be of interest to scholars and researchers in arbitration and dispute resolution, international economic law, and investment law. It will also be beneficial to legal experts in international organizations working on the reform of ISDS and investment law"-- Provided by publisher
Publication Date: 2023
Transnational Actors in International Investment Law by Anastasios Gourgourinis (Editor)
This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law
Publication Date: 2022
International arbitration and EU law by edited by José Rafael Mata Dona (Independent Practitioner, D.E.S. in European and International Law, and member of the Brussels and Caracas Bars) and Nikos Lavranos (Guest Professor of International Investment Law, Free University of Brussels, Belgium, Secretary-General of the European Federation for Investment Law and Arbitration (EFILA), founder of NL-Investmentconsulting, Of Counsel at Wöss & Partners)
"This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. Coverage includes: an analysis of the relevance of EU Law on the validity of international agreements to arbitrate consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention a discussion of selected areas of intersection between EU law and international commercial arbitration, including the ECtHR, consumer protection, damages, competition damages, GDPR, commercial agency and others an introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU's investment policy an examination of the impact of EU Law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court an appraisal of the potential of International Commercial Mediation and its interrelations with EU law. International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law"-- Provided by publisher
Publication Date: 2021
Incomplete international investment agreements : problems, causes and solutions by Tae Jung Park (Assistant Professor, Department of Law, Incheon National University, Republic of Korea)
"This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements"-- Provided by publisher
Publication Date: 2022
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Foreign Investment Law Including Investor-State Arbitrations in a Nutshell 3d by
ntroduction -- Entry controls over foreign investment -- Operational controls over foreign investment -- The law of and insurance against expropriations -- Investing in China -- Investing in Europe -- Investing in North America -- Investor-state arbitrations under BITs and FTAs -- NAFTA 1994 and USMCA 2018 foreign investment law and arbitrations
ICSID: an Introduction to the Convention and Centre by
Overviews of the Convention and Centre -- Beginnings and growth of ICSID -- Jurisdiction of the Centre -- Initiation and conduct of arbitration proceedings -- Applicable law -- Finality and enforcement of awards -- Looking ahead : ICSID and ISDS reform -- Appendices: I. Convention on the Settlement of Investment Disputes between States and Nationals of Other States -- II. Report of the Executive Directors on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
The History of ICSID 2d by
This revised edition details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty. Parra traces the immediate origins of the Convention and gives a narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The separate chapters examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID. It is essential reading for those involved in this field
Basic Documents on International Investment Protection by
Introduction -- Historical background -- International investment protection rules -- International investment protection dispute settlement -- Other documents -- Appendix
Guide to ICSID Arbitration by
Introduction to ICSID -- Contractual ICSID arbitration and drafting an effective ICSID arbitration agreement -- ICSID investment treaty arbitration -- ICSID arbitration procedure -- The ICSID review regime -- Recognition, enforcement and execution of ICSID awards
The ICSID Convention by
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID)
International investment law and general international law : radiating effects? by
"This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law"-- Provided by publisher
The Protection of Intellectual Property Rights under International Investment Law by
Contents Background on international investment law and intellectual property -- Investor-state dispute settlement and review of new IP-related investment cases -- Intellectual property as investment -- Relative treatment standards : national treatment and the most favoured nation clause -- Absolute standards of treatment : fair and equitable treatment, full protection and security -- Expropriation -- Outlook
Summary This book analyzes the standards of treatment and protection enshrined in international investment agreements (IIAs), which regard intellectual property rights as a protected investment
International Investment Law and Arbitration: commentary, awards, and other materials 2d by
The origins of investment protection and international investment law -- Investment contracts and internationalisation -- The metamorphosis of investment treaties -- Investment dispute settlement -- Jurisdiction, admissibility, and parallel proceedings -- Applicable laws -- Arbitrators -- Evidence -- Provisional measures -- Protected investments -- Protected investors -- Fair and equitable treatment, and full protection and security -- Contingent standards : national treatment and most-favoured nation treatment -- Expropriation -- Umbrella clauses -- Defences -- Remedies -- Costs and legal fees -- Challenging and enforcing awards, and the question of foreign state immunities -- New directions in international investment law and arbitration
Summary "The aim of the second edition remains that of the first. We are grateful to our colleagues in the law school teaching profession for adopting the first edition which appeared just less than three years ago. When Cambridge University Press requested a new edition so swiftly we did not hesitate due to the rapid, even clamorous, movements in the field. The second edition is expanded slightly with a new chapter, a new Chapter 7, by Lim and Paparinskis on the arbitrators, not least as the authors feel that it is indispensable to an understanding of present calls for reform of investment arbitration"-- Provided by publisher
Research handbook on foreign direct investment by
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by
Procedural tools to facilitate the quantification of damages in investor-state arbitration / Adam Douglas -- Third-party financing in investment arbitration / Victoria Sahani, Mick Smith and Christiane Deniger -- Reflective loss and its limits under international investment law / Mark A. Clodfelter and Joseph D. Klingler -- Causation and injury in investor-state arbitration / Patrick W. Pearsall and J. Benton Heath -- Assessing compensation and damages in expropriation versus non-expropriation cases / Irmgard Marboe -- Moral damages / Patrick Dumberry -- Approaches to valuation in investment treaty arbitration / Noah Rubins, Vasuda Sinha and Baxter Roberts -- Discounted cash flow method / Kai F. Schumacher and Henner Klönne -- Measuring country risk in international arbitration / James Searby -- Valuation techniques for early-stage businesses in investor-state arbitration / Garrett Rush, Kiran Sequeira and Matthew Shopp -- Valuing natural resources investments / Richard Caldwell, Darrell Chodorow and Florin Dorobantu -- Principles limiting the amount of compensation / Borzu Sabahi, Kabir Duggal and Nicholas Birch -- Counterclaims and state claims / Jeremy K. Sharpe and Marc Jacob -- Approaches to the award of interest / Mark Beeley -- The allocation of costs in investment treaty arbitration / Matthew Hodgson and Alastair Campbell -- Post-award challenges of damages assessments / Christina L. Beharry
International Investment Arbitration 2d by
"[This book reviews] the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law...The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007...Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law."-- Provided by publisher
The International Law on Foreign Investment 4th by
The shaping factors -- Controls by the host state -- The liability of multinational corporations and home state measures -- Bilateral investment treaties -- Multilateral and regional instruments on foreign investment -- Settlement of investment disputes : contract-based arbitration -- Treaty-based investment arbitration : jurisdictional issues -- Causes of action : breaches of treatment standards -- The taking of foreign property -- Compensation for nationalisation of foreign investments -- Defences to responsibility
Calculation of Compensation and Damages in International Investment Law 2d by
The function of compensation and damages -- Valuation standards and criteria -- International standards, bases of value, and valuation approaches -- Methods of valuation in international practice -- Interest
The Use of Economics in International Trade and Investment Disputes by
1. Introduction: the use of economics in international trade and investment disputes Marion Jansen, Joost Pauwelyn and Theresa Carpenter; Part I. The Use of Economics in International Trade and Investment Disputes: A Practitioner's View: 2. Integrating economic analysis into WTO dispute settlement practice: a view from the trenches Robert Teh and Alan Yanovich; 3. Present at the creation: economists and accountants in international trade law practice Thomas Graham; 4. The role of economics in WTO dispute settlement and choosing the right litigation strategy -- a practitioner's view Christian Lau and Simon Schropp; 5. On interpretation and economic analysis of law David Unterhalter; 6. The client's perspective James Flett; 7. The use of economics in competition law: what works and what doesn't across national jurisdictions? Bruce Malashevich; Part II. The Use of Economics in International Trade Disputes: Economic Versus Legal Thinking: 8. What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes Anne van Aaken; 9. Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes Marion Jansen and Marios Iacovides; 10. Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis Petros Mavroidis and Damien Neven; 11. The economics of actionable subsidy disputes Jorge Miranda; 12. In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims Pablo M. Bentes; 13. The games we play -- simulation models in merger analysis and their potential use in trade litigation Amar Breckenridge; Part III. The Use of Economics in International Investment Disputes: Liability and Damages: 14. Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration Wolfgang Alschner; 15. An economic assessment of contracts and requests for contract reform and damages in international arbitration Bastian Gottschling and Willis Geffert; 16. Economics in investor-state arbitration beyond quantum Carla Chavich and Pablo Lopez; 17. Assessing investor damages involving publicly traded companies -- with examples from the Yukos' cases Manuel A. Abdala and Alan Rozenberg; 18. From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation Fuad Zarbiyev; Conclusion Theresa Carpenter, Marion Jansen and Joost Pauwelyn; Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement Theresa Carpenter, Marion Jansen and Joost Pauwelyn
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified by
In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law
The ASEAN comprehensive investment agreement [electronic resource] : the regionalization of laws and policy on foreign investment by
The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.
Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
The Formation and Identification of Rules of Customary International Law in International Investment Law by
The concept of customary international law -- Dancing with the sources : the fascinating story of the relative importance of custom and treaties at different times in the evolution of international investment law -- State practice -- Opinio juris -- The fundamental importance of customary rules in international investment law
International Investment Law by
International investment law in a changing world -- Evolution of international investment law -- International efforts to regulate foreign investment -- Protection of foreign investment in customary international law -- Protection of foreign investment through bilateral investment treaties -- Fleshing out the principles through jurisprudence -- Current issues in international investment law -- Addressing current challenges in international investment law -- Concluding observations
Interpretation of International Investment Treaties by
Introduction -- Overview of international investment treaties -- Main features of International investment treaties -- Ordinary meaning of the terms of the treaty -- Context -- Object(s) and purpose(s) -- Subsequent agreements and subsequent practice -- Other rules of international law -- Special meaning -- Supplementary means -- Plurilingual treaties -- Interpretative value of arbitral decisions -- Interpretative value of scholarly writings -- The role of states in the interpretation of investment treaties -- Conclusions
Analogies in International Investment Law and Arbitration by
"This book aims at scrutinising the role that comparative reasoning plays in international investment law and arbitration and identifying a method for drawing sound analogies. This investigation is of the utmost theoretical and practical relevance for investment law scholars and practitioners. It can also attract comparative lawyers' interests proposing international investment law as a new frontier of investigation for comparative law"-- Provided by publisher
Performance Requirements and Investment Incentives under International Economic Law by
In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.
The WTO and International Investment Law by
Introduction -- History -- National treatment -- Science as a common proxy for rational regulation -- Common exceptions and derogations -- Dispute settlement -- Conclusion
Reshaping the Investor-State Dispute Settlement System by
Nijhoff International Investment Law Series Introduction / Anna Joubin-Bret and Jean E. Kalicki -- Delegating interpretative authority in investment treaties : the case of joint administrative commissions / Anne van Aaken -- Lessons from international uniform law / Joshua Karton -- Which is to be the master? : extra-arbitral interpretative procedures for IIAs / Michael Ewing-Chow and Junianto James Losari -- Keeping interpretation in investment treaty arbitration 'on track' : the role of state parties / Tomoko Ishikawa -- Travaux preparatoires and the legitimacy of investor-state arbitration / Baiju S. Vasani and Anastasiya Ugale -- Reform of investor-state dispute settlement : the U.S. experience / Karen L. Kizer and Jeremy K. Sharpe -- Rethinking rights and responsibilities in investor-state dispute settlement : some model international investment agreement provisions / Elizabeth Boomer -- Examining the formative aspect of investment treaty commitments : lessons from commercial law and trade law / Locknie Hsu -- Limiting investor access to investment arbitration : a solution without a problem? / Liang-Ying Tan and Amal Bouchenaki -- Back to the future : contemplating a return to the exhaustion rule / Daniel Kalderimis -- ISDS growing pains and responsible adulthood / Silvia Constain -- In search of a model for the reform of international investment dispute resolution: an analysis of existing international and regional dispute settlement mechanisms / Nicolette Butler -- The abiding role of state-state engagement in the resolution of investor-state disputes / Theodore R. Posner and Marguerite C. Walter -- Permanent investment tribunals : the momentum is building up / Omar E. Garcia-Bolivar -- The challenges of creating a standing international investment court / Eduardo Zuleta -- Making impossible investor-state reform possible / Luis Gonzalez Garcia -- Appellate mechanisms for investment arbitration : worth a second look for the trans-Pacific partnership and the proposed EU-U.S. FTA? / Barton Legum -- Appellate review in investor-state arbitration / Eun Young Park -- Reform of the investor-state arbitration regime : the appeal proposal / Gabriel Bottini -- Introduction of an appellate review mechanism for international investment disputes: expected benefits and remaining tasks / Jaemin Lee -- Why ICSID doesn't need an appellate procedure, and what to do instead / Kristina Andelic -- Fragmentation and harmonization in the ICSID decision-making process / Roberto Castro de Figueiredo -- Initial hiccups or more? : efforts of the EU to find its future role in international investment law / Jan Asmus Bischoff -- The emperor has no clothes : a critique of the debate over reform of the ISDS system / J.J. Saulino and Josh Kallmer -- Advancing reform at ICSID / Antonio R. Parra -- UN commission on international trade law and multilateral rule-making: consensus, sovereignty and the role of international organizations in the preparation of the UNCITRAL rules on transparency / Julia Salasky and Corinne Montineri -- Inter-governmental evaluation of investor-state dispute settlement : recent work at the OECD-hosted freedom of investment roundtable / David Gaukrodger and Kathryn Gordon -- The sixth path : reforming investment law from within / Stephan W. Schill -- Achieving a faster ICSID / Adam Raviv -- Streamlining the ICSID process : new statistical insights and comparative lessons from other institutions / Joongi Kim -- Interim costs orders : the tribunal's tool to encourage procedural economy / Jeffrey Sullivan and David Ingle -- Costs in investment treaty arbitration : the case for reform / Matthew Hodgson -- Distinguishing investors from exporters under investment treaties / Mark Feldman -- ICSID treaty counterclaims : case law and treaty evolution / Jose Antonio Rivas -- ICSID annulment standards : who has finally won the Reisman v. Broches debate of two decades ago? / Nikolaos Tsolakidis -- ICSID annulment reform: are we looking at the right problem? / Mallory Silberman -- Addressing and redressing errors in ICSID arbitration / Diego Brian Gosis -- Do we need investment arbitration? / Christoph Schreuer
The Law of Investment Treaties 2d by
A global regime for investment -- The nature and significance of international investment -- The foundations of international investment law -- A history of international investment treaties -- The general structure of investment treaties -- The interpretation of investment treaties -- Scope of application of investment treaties -- Investment promotion, admission, and establishment -- General treatment standards -- Monetary transfers and treatment -- Treatment of state obligations (the 'umbrella clause') -- Protection against expropriation, nationalization, and dispossession -- Other treatment standards -- Investment treaty exceptions, modifications, and terminations -- Investment treaty dispute settlement -- The consequences of treaty violations
Treaty Conflicts in Investment Arbitration by
This title focuses on the interaction between international investment law and other systems of international law. Looking at the challenges in this area from the perspective of treaty conflicts, the author examines and comments on cases where obligations in two treaties can conflict with one another
Transparency in International Investment Arbitration by
Introduction / Maxi Scherer, Markus Gehring and Dimitrij Euler -- Public interest in investment arbitration / Markus Gehring and Dimitrij Euler -- Article 1:Scope of application / Krista Nadakavukaren Schefer -- Article 2:Publication of information at the commencement of arbitral proceedings / Giuseppe Bianco -- Article 3:Publication of documents / Christopher Kee -- Article 4:Submission by a third person / Mariel Dimsey -- Article 5:Submission by a non-disputing party to the treaty / Martins Paparinskis and Jessica Howley -- Article 6:Hearings / Klint Alexander -- Article 7:Exception to transparency / Thierry P. Augsburger -- Article 8:Repository of published information / Kathleen Claussen -- The application of transparency / Johannes Koepp and Cameron Sim -- Conclusion: The rules as a swing of the pendulum? / Dimitrij Euler and Maxi Scherer
The Future of ICSID and the Place of Investment Treaties in International Law by
Note Based on presentations made at two conferences organized by the BIICL's Investment Treaty Forum, and held in 2011
Bibliography Includes bibliographical references
Principles of International Investment Law by
1. History, sources, and nature of international investment law -- 2. Interpretation and application of investment treaties -- 3. Investors and investments -- 4. Investment contracts -- 5. Admission and establishment -- 6. Expropriation -- 7. Standards of protection -- 8. State responsibility and attribution -- 9. Political risk insurance -- 10. Settling investment disputes
Compensation and Restitution in Investor-State Arbitration by
This is a concise guide for lawyers, valuation experts academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used
Bilateral Investment Treaties by
History -- Policy -- Scope -- Reasonableness -- Security -- Nondiscrimination -- Transparency -- Access -- Due process
Substantive law in investment treaty arbitration: Uneasy Relationship Between International Law and Municipal Law by
Introduction, the unsettled relationship between international law and municipal law -- Attribution under the law of state responsibility -- The notion of 'investment' -- The nationality of an investor -- The concept of property -- Shareholders' rights -- Contract versus treaty claims -- Umbrella clauses: when a breach of contract may become a breach of treaty
Redfern and Hunter on International Arbitration by
"Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration"-- Provided by publisher
Dispute settlement and the reform of international investment law : legalization through adjudication by
"The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both "institutional" and "internal" limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court. The novel perspectives presented in this book will be of interest to scholars and researchers in arbitration and dispute resolution, international economic law, and investment law. It will also be beneficial to legal experts in international organizations working on the reform of ISDS and investment law"-- Provided by publisher
Transnational Actors in International Investment Law by
This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law
International arbitration and EU law by
"This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. Coverage includes: an analysis of the relevance of EU Law on the validity of international agreements to arbitrate consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention a discussion of selected areas of intersection between EU law and international commercial arbitration, including the ECtHR, consumer protection, damages, competition damages, GDPR, commercial agency and others an introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU's investment policy an examination of the impact of EU Law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court an appraisal of the potential of International Commercial Mediation and its interrelations with EU law. International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law"-- Provided by publisher
Incomplete international investment agreements : problems, causes and solutions by
"This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements"-- Provided by publisher
