Title
Investor-state arbitration / Christopher F. Dugan [and others].
Published
New York : Oxford University Press, ©2008.
Call Number
INTERNET
ISBN
9780199374885 (electronic bk.)
0199374880 (electronic bk.)
0379215446
9780379215441
9780199795727
019979572X
9780199360758 (ebook)
0199360758
Description
1 online resource (xxv, 791 pages)
System Control No.
(OCoLC)1091626792
Summary
Ths increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. This book examines the international treaties that give investors a right to arbitration of claims, the most-commonly employed arbitration rules, and the most important elements of investor-state arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. Expert coverage includes procedural barriers to recovery, analysis of the substantive law of investment protection, and analysis of recent investor-state arbitral jurisprudence. This book traces the evolution and rapid development of this important field of international arbitration, resulting from 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 have originated in the last twenty years. This development has led to far greater certainty for foreign investors in dealing with their host countries and has incentivized growth in international trade and commerce. Through arbitration, investors who have been negatively affected by the acts of a host country, such as, for example, the expropriation of property, now have a fair means of redress. Investor-State Arbitration analyzes the rights of private parties under these treaties to arbitrate disputes with countries, the arbitration rules most commonly employed in investor-state disputes, the important elements of substantive law and procedure, the enforcement of awards (including annulment proceedings under ICSID), current developments, including conflict and convergence of interests in capital-importing and capital-exporting countries, restrictions on state sovereignty, analysis of recent investor-state arbitral jurisprudence, and, finally, the emergence of an international investment jurisprudence.
Bibliography, etc. Note
Includes bibliographical references (pages 715-742) and index.
Digital File Characteristics
text file
Source of Description
Print version record.
History and limitations of the traditional system for resolving investment disputes
The modern system of investor-state arbitration
Commonly used procedural rules
Procedural law applicable in investor-state arbitration
National cour interference : anti-arbitration injunctions
The course of an investment arbitration
Consolidation under relevant arbitration rules or treaties
Governing law in investment disputes
Consent to arbitral jurisdiction
The concept of investment
The nationality of the investor
Exhaustion of local remedies
Election of forum : national courts and contract arbitrations
Discrimination
Expropriation
"Fair and equitable treatment" and "Full protection and security"
Umbrella clauses
Damages, compensation, and non-pecuniary remedies
Annulment and set aside
Enforcement of awards
The future of international investment arbitration.
