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Author: Christina L. Beharry Publisher: BRILL ISBN: 9004357793 Category : Law Languages : en Pages : 516
Book Description
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Author: Christina L. Beharry Publisher: BRILL ISBN: 9004357793 Category : Law Languages : en Pages : 516
Book Description
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Author: Irmgard Marboe Publisher: BRILL ISBN: 9004372385 Category : Law Languages : en Pages : 92
Book Description
Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.
Author: Christopher Dugan Publisher: Oxford University Press ISBN: 019979572X Category : Law Languages : en Pages : 818
Book Description
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.
Author: British Institute of International and Comparative Law Publisher: BIICL ISBN: 9781905221127 Category : Business & Economics Languages : en Pages : 356
Book Description
The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.
Author: Peter Muchlinski Publisher: OUP Oxford ISBN: 0191552364 Category : Law Languages : en Pages : 1352
Book Description
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Author: Ana Maria Daza-Clark Publisher: BRILL ISBN: 9004335307 Category : Law Languages : en Pages : 260
Book Description
In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.
Author: Sergey Ripinsky Publisher: BIICL ISBN: 9781905221240 Category : Law Languages : en Pages : 616
Book Description
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Author: Crina Baltag Publisher: BRILL ISBN: 9004438270 Category : Law Languages : en Pages : 83
Book Description
In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component.
Author: Miguel Solanes Publisher: UN ISBN: 9789211216622 Category : Arbitration (International law) Languages : en Pages : 82
Book Description
A subject relevant to the governance of water resources and public services is the effect that international trade and investment agreements may have on national capacities to manage natural resources and to regulate public services. The region has yet to assess the consequences that international investment agreements may have on the economic, social and environmental sustainability and efficiency of natural resources utilization and provision of public services. The report discusses the urgent need to begin a process of systemizing principles the duties of those investing in water-related activities, especially public services.
Author: Christina L. Beharry
Author: Christina L. Beharry
Author: Irmgard Marboe
Author: Christopher Dugan
Author: British Institute of International and Comparative Law
Author: Peter Muchlinski
Author: Ana Maria Daza-Clark
Author: Sergey Ripinsky
Author: Crina Baltag
Author: Miguel Solanes
Author: John A. Trenor