Investor-State Arbitration

Erscheinungsjahr 2012
ISBN: 978-0-19-979572-7
Verlag: OUP USA

Buch, Englisch, 818 Seiten, Format (B × H): 169 mm x 245 mm, Gewicht: 1280 g

Explains how international law has responded to the increasing demand for international investment.

Identifies the main treaties that allow arbitration over international investment.

Describes ways in which new laws can place restrictions on state sovereignty.

Explains how the formation of the International Center for the Settlement of Investment Disputes has led to greater certainty for foreign investors.

Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment.

The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.

Zielgruppe

Students and professors studying international business law; practitioners involved in international business transactions.

Autoren/Hrsg.

Dugan, Christopher F.

Dugan, Christopher

Wallace, Don

Rubins, Noah

Sabahi, Borzu

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

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

Über Autor(innen)

Christopher Dugan is a partner at Paul, Hastings, Janofsky & Walker LLP and chairs its International Arbitration practice. He is an adjunct professor at Georgetown University Law Center. Don Wallace, Jr. is Professor Emeritus and Adjunct Professor and Chairman of the International Law Institute at the Georgetown University Law Center. He is of counsel in Winston & Strawn LLP's litigation group. Noah Rubins is a partner at Freshfields Bruckhaus Deringer. He is a member of the international arbitration and public international law groups, and the head of Freshfields' Russia/CIS Dispute Resolution subgroup. Borzu Sabahi is an Adjunct Professor at the Georgetown University Law Center and counsel to Fulbright & Jaworski LLP. He specializes in investment and commercial arbitration.