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.
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the ...
For instance, “Sir Hartley Shawcross, as Counsel for Shell, is interested in the protection of UK-controlled subsidiaries abroad... The corollary, of course, is that foreign-controlled subsidiaries in the UK would be similarly covered ...
This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion.
475 (July 2017) Berger A, Busse M, Nunnenkamp P, Roy M (2011) More stringent BITs, less ambiguous effects on FDI? Not a BIT! Econ Lett 112:270–272 Berger A, Busse M, Nunnenkamp P, Roy M (2013) Do trade and investment agreements lead to ...
As stated by the tribunal in the 'OSPAR'Arbitration (2003) between Ireland and the United Kingdom, '[a]s long as it ... Van Schijndel v Stichting Pensioenfonds voor Fysiotherapeuten [1995] ECR 4705, Opinion of AG Jacobs, 15 June 1995, ...
Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration.
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI).
This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, ...
Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system.
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law.