Screen LibraryInvestor-state arbitration /
This second edition provides a fresh look at the legal framework for the protection of foreign investment. The chapters analyses some of the key issues surrounding this subject focusing on international arbitration between states and investors under bilateral investment treaties. Since the previous...
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| Main Authors: | |
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| Group Author: | ; |
| Published: |
Oxford University Press,
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| Publisher Address: | Oxford : |
| Publication Dates: | 2019. |
| Literature type: | Book |
| Language: | English |
| Edition: | Second edition. |
| Series: |
Oxford international arbitration series. |
| Subjects: | |
| Summary: |
This second edition provides a fresh look at the legal framework for the protection of foreign investment. The chapters analyses some of the key issues surrounding this subject focusing on international arbitration between states and investors under bilateral investment treaties. Since the previous edition, major changes have taken place in this dynamic field. Proliferation of investment disputes and multi-billion-dollar arbitral awards have helped attract more attention to this technical field. The profound impact of the disputes and the shortcomings of the arbitration mechanism of investment treaties have also caused a global backlash, landing a spot for the reform of investor-state arbitration on the agenda of the United Nations Conference on International Trade Law. All chapters, therefore, have been revised to take into account these developments and the massive volume of jurisprudence and commentary on the subject of international investment arbitration since the first edition. The chapters carefully consider the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. |
| Item Description: | "Christopher F. Dugan was the lead author of the first edition." -- Preface. |
| Carrier Form: | lxxii, 920 pages ; 26 cm |
| Bibliography: | Includes bibliographical references (pages [861]-899) and index. |
| ISBN: |
9780198755760 (hardback) : 0198755767 (hardback) |
| Index Number: | K3830 |
| CLC: | D996.4 |
| Call Number: | D996.4/D866/2nd ed. |
| Contents: | Introduction -- History and limitations of the traditional system for resolving investment disputes -- The modern system of investor-state arbitration -- Commonly used procedural rules -- National court interference : anti-arbitration injunctions -- The course of an investment arbitration : overview of the procedure -- Special procedures : applications and motions -- Governing law in investment disputes -- Consent to arbitral jurisdiction -- Notion of investment -- Investors -- Jurisdiction ratione temporis -- Exhaustion of local remedies -- Election of forum : treaty arbitration, national courts or contract arbitration -- Umbrella clauses -- State responsibility, attribution, and circumstances precluding wrongfulness -- Discrimination : national treatment, most favoured nation treatment, and discriminatory impairment -- Expropriation -- 'Fair and equitable treatment,' 'full protection and security,' and 'war clauses' -- Transfers -- Compensation, damages, and restitution -- Annulment, set aside, and refusal to enforce -- Enforcement and execution. |