It’s hard to know which is good investment treaty arbitration and international law. There are alot of investment treaty arbitration and international law reviews on internet. In this article we suggest top 8 the best investment treaty arbitration and international law for you. Please read carefully and choose what is the best investment treaty arbitration and international law for you.
Best investment treaty arbitration and international law
1. Judicial Acts and Investment Treaty Arbitration (Cambridge International Trade and Economic Law)
Description
Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.2. Investment Treaty Arbitration and International Law - Volume 7
Description
Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk.The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The "facts" of the energy sector therefore are particularly well-developed in international jurisprudence.
The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions.
The four questions that the Conference addressed include:
The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime?
Energy Contracts and BITS Is it Fair and Equitable to be Under the Umbrella?
Mulitparty Investor Disputes in the Energy Sector Preclusion, Consolidation or Free-For-All?
Measure by Measure? Calculating Damages in Energy Disputes
The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.
3. Investment Treaty Arbitration and International Law - Volume 3
Description
With this third volume of our series on formative issues in investment law and arbitration, our latest group of talented, young authors continues to meet the high standards set by their predecessors. In the Spring of 2009, our authors met with an experienced cast of discussants to delve deeply into four pressing topics which remain every bit as relevant today, as the 2010 conference date approaches. Either of the first two topics, canvassed herein, could form the basis of a formidable manuscript. The first goes to the very nature of the international commercial arbitration model, as a means of dispute settlement for public international law issues involving State responsibility and the protection of foreign investment. The concept of consent is fundamental to international arbitration, but it can be elusive in practice. It is one thing to consent to the settlement of some future class of disputes in the abstract, upon signing the contract or implementing the treaty, but quite another when the day of disagreement arrives. The customary international law rules of treaty interpretation have evolved over many years so as to provide two or more States with a coherent and reliable means of construing the terms they chose when negotiating an agreement, despite the inherent contradiction that exists in giving binding, legal force to words of diplomacy, which are inherently vague by nature. In the first section, below, our authors and panelists have added their respective contributions to better understanding the jurisdictional nexus between consent and treaty interpretation. In the second section, an issue is confronted that arguably lurks beneath all regulatory impairment claims: the question of whether and if so, how deference should be accorded to measures and the officials who supply and enforce them. Our authors tackle this topic using the lens of the European Community Law concept of margins of appreciation. As investment treaty tribunals proliferate, and the topics the address turn from traditional expropriation claims to regulatory impairment claims, the question of whether a margin of appreciation should be observed will likely grow even more pressing. The third section of this book contains contributions on a topic that is new to investment arbitration, albeit the concept is not uncommon within the municipal context: moral damages. While some treaty provisions expressly preclude tribunals from issuing an award on the grounds of moral damages, the very existence of cases in which moral damages have been awarded demonstrates the heterogeneity of the treaties under which investment treaty arbitrations take place. The fourth section of this book arises from the that same fact of heterogeneity amongst treaty obligations, as well as the mechanisms for dispute settlement they contain. Arbitration is not ideally suited to serve as the basis for articulation and reinforcement of a set of binding norms. It is not intended for the production of rudiments for establishing some sort of common law of international investment. Rather, international arbitration is intended to provide an efficient, fair and binding means of resolving an isolated dispute between the parties to the arbitration, and only those parties. This final session of the 2009 conference was dedicated to better understanding expectations that have arisen for the conduct of investment treaty arbitration, on a systemic level. Does it matter when two tribunals, seized of similar facts and authorised under similar treaty provisions, come to different conclusions? Do different conclusions have a deleterious impact upon the legitimacy of the system itself? The answer would appear to be that just as beauty lies in the eyes of the beholder legitimacy lies in whatever expectations are held for the successful operation of an investment treaty4. International Investment Arbitration: Substantive Principles (Oxford International Arbitration Series)
Description
This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of 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 first edition met with immediate success as a result of the authors' achievement in describing and analyzing the volume of law created, applied and analyzed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognized author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it.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. International Investment Arbitration:Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.
5. Treaty Interpretation in Investment Arbitration (Oxford International Arbitration Series)
Feature
Used Book in Good ConditionDescription
The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed.This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards.
The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike.
6. Arbitral Awards as Investments: Treaty Interpretation and the Dynamics of International Investment Law (International Arbitration Law Library Series Set)
Description
International Arbitration Law Library Series Volume 39
Arbitral Awards as Investments analyzes the treatment of arbitral awards as investments within international investment law. The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of tribunals approaches to this question to date and examines the interpretative outcomes.
Whats in this book:
In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions:
- What is the foundation of interpretation in public international law and when is it adequately carried out?
- Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts?
- Is there a trend of convergence of commercial and investment arbitration?
- Do respective interpretative outcomes stem from adequate interpretation?
- What are the ramifications, if interpretation is not fully adequate?
- What are the feasible routes to greater interpretive discipline?
The analysis concentrates on which aspects of international investment law influence the interpretive process and identifies feasible routes to improved interpretive discipline while being mindful of the underlying public international law principles, such as state sovereignty. Furthermore, the nature of state responsibility in treaty negotiations, and that of arbitrators in the interpretive process, and the public interest element involved in international investment arbitration are discussed.
How this will help you:
This book is the first of its kind to provide a commentary on the qualification of arbitral awards as investments. Its clear explanation of the practical relevance of treaty interpretation helps to draft and interpret investment treaty provisions with full awareness of the various options available. This book serves as a springboard to understand the interpretive underpinnings and to formulate measures to address such possible insufficiencies. International tribunals, counsel and sovereign entities responsible for investment regulation will thus find this book to be especially useful.
Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Dsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.
7. Arbitration Costs: Myths and Realities in Investment Treaty Arbitration
Description
Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars.This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.
8. Substantive Law in Investment Treaty Arbitration (International Arbitration Law Library Series Set)
Description
International Arbitration Law Library Series Volume 21
Substantive Law in Investment Treaty Arbitration is a clear analysis of previously unexplored aspects of investment arbitration. This second edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards, but also by the continuing, serious problems in the application of international law by investment treaty arbitral tribunals. The book considers key matters of substantive law in which a renvoi to municipal law must be conducted if an investment treaty tribunal is to reach sound results under international law.
What s in this book:
The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the International Centre for Settlement of Investment Disputes Convention. The book focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following:
- If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted?
- In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law?
- Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis--vis the company?
- Under what conditions may a violation of municipal law become internationally wrongful?
- May foreign investors rely on expectations as an autonomous source of rights in investment treaty disputes?
- Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim?
- The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions.
How this will help you:
In international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration and the consequences stemming from rejecting the application of municipal law when relevant will continue to be of great value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.