This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker
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.
Most bilateral investment treaties deal with the risks created by such investment by ... from the other “[s]ubject to its right to exercise 73 Vandevelde, ...
This book analyses how this development is corrupting our historic tradition of judicial independence.
They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention.
This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration.
Volume 8 of the ICSID Reports brings the series up to date (as at mid-2004) and includes decisions on Vivendi Universal v. Argentina, rulings and decisions in SGS v. Pakistan and the decision on jurisdiction in SGS v. Philippines.
Unlike the “antior Clermont and Eisenberg's early research suggesting foreign plaintiffs experienced higher win rates in U.S. courts than U.S. plaintiffs,33 ITA did not exhibit an “anti-respondent” bias. Rather, the overall pattern ...
Tribunals to Dismiss Claims Summarily' (2012) 3 JIDS 137 Y Radi, 'The Application of the MostFavouredNation Clause ... Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2011) (Martinus Nijhoff 2012) N ...
Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced ...
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.