Arbitrating Foreign Investment Disputes

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 ...

Author: Norbert Horn

Publisher: Kluwer Law International B.V.

ISBN: 9789041122933

Category: Law

Page: 572

View: 904

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Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. 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.
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Investor State Dispute Settlement and National Courts

This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts ...

Author: Gabrielle Kaufmann-Kohler

Publisher: Springer Nature

ISBN: 9783030441647

Category: Conflict management

Page: 125

View: 118

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This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
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The Settlement Of International Petroleum Investment Disputes At ICSID

This work seeks to determine if the International Centre for Settlement of Investment Disputes (ICSID) remains the best option for settlement of petroleum investment disputes in such a way that it meets the expectations both parties.

Author: Ishaya Amaza

Publisher: LAP Lambert Academic Publishing

ISBN: 3659245046

Category:

Page: 64

View: 524

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The petroleum sector is characterized by heavy investments which involve the transfer of lots of capital through the use of foreign investment. It is therefore of paramount interest to such investors to safe-guard themselves against the subsequent and future acts of the host government where their investments are made where such acts are capable of having a negative impact on their investments. This has been mostly achieved by providing for a dispute settlement mechanism to settle any investment disputes that may arise between the foreign investors and the host state. This work seeks to determine if the International Centre for Settlement of Investment Disputes (ICSID) remains the best option for settlement of petroleum investment disputes in such a way that it meets the expectations both parties. This will be achieved by discussing the nature of international petroleum investments and how disputes arise there from and examining the ICSID administrative procedure and adjudicatory process in the light of decided cases that arose from disputes in petroleum investments.
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International Investment Law and History

This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment ...

Author: Stephan W. Schill

Publisher: Edward Elgar Publishing

ISBN: 9781786439963

Category:

Page: 400

View: 462

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Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.
566 Download

Public Participation and Foreign Investment Law

Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law.

Author: Eric De Brabandere

Publisher: BRILL

ISBN: 9789004397668

Category: Law

Page: 462

View: 828

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Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.
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The Foundations of International Investment Law

The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law.

Author: Zachary Douglas

Publisher: OUP Oxford

ISBN: 9780191508578

Category: Law

Page: 586

View: 157

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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
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