Calculation of Compensation and Damages in International Investment Law

Author: Irmgard Marboe

Publisher: Oxford International Arbitrati

ISBN: 9780198749936

Category: Law

Page: 544

View: 3539

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Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings.

Damages in International Investment Law

Author: Sergey Ripinsky,Kevin Williams

Publisher: BIICL

ISBN: 9781905221240

Category: Law

Page: 561

View: 4093

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The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.

Treaty Shopping in International Investment Law

Author: Jorun Baumgartner

Publisher: Oxford University Press

ISBN: 0198787111

Category:

Page: 352

View: 9803

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Treaty shopping, also known under the terms of nationality planning, corporate (re-)structuring or corporate maneuvering, implies a strategic change of nationality or strategic invocation of another nationality with the aim of accessing another (usually more favourable) investment treaty for purposes of investment arbitration. When deciding on whether an investment claim based on treaty shopping should be upheld or dismissed, investment arbitral tribunals have been increasingly faced with significant questions, such as: What is treaty shopping and how may legitimate nationality planning be distinguished from treaty abuse in international investment law? Should a claimant that is controlled by a host-State national be considered a protected investor, or should tribunals pierce its corporate veil? Does an investor have to make the investment in good faith, and does it have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are denial of benefits clauses to counter treaty shopping? Treaty Shopping in International Investment Law examines in a systematic manner the practice of treaty shopping in international investment law and arbitral decisions that have undertaken to draw this line. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investor's right to sue the host State on grounds of alleged breaches of investment obligations. This book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.

Transparency in International Investment Arbitration

A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration

Author: Dimitrij Euler,Markus Gehring,Maxi Scherer

Publisher: Cambridge University Press

ISBN: 1316299716

Category: Law

Page: N.A

View: 6672

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The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.

Procedural Issues in International Investment Arbitration

Author: Jeffery Commission,Rahim Moloo

Publisher: Oxford International Arbitrati

ISBN: 9780198729037

Category: Law

Page: 288

View: 6107

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Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

International Investment Arbitration

Substantive Principles

Author: Campbell McLachlan,Laurence Shore,Matthew Weiniger

Publisher: Oxford University Press, USA

ISBN: 9780199676804

Category: Law

Page: 520

View: 7586

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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.


Commentaries on Selected Model Investment Treaties

Author: Chester Brown

Publisher: Oxford University Press

ISBN: 0199645191

Category: Law

Page: 895

View: 5207

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Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme

Damages in International Arbitration under Complex Long-term Contracts

Author: Herfried Wöss,Adriana San Román Rivera,Pablo Spiller,Santiago Dellepiane

Publisher: OUP Oxford

ISBN: 9780199680672

Category: Law

Page: 392

View: 7991

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This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.

Treaty Interpretation in Investment Arbitration

Author: J Romesh Weeramantry

Publisher: OUP Oxford

ISBN: 019163817X

Category: Law

Page: 312

View: 2860

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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. Foreword by by Professor Michael Reisman, Yale Law School _

European Yearbook of International Economic Law 2013

Author: Christoph Herrmann,Markus Krajewski,Jörg Philipp Terhechte

Publisher: Springer Science & Business Media

ISBN: 3642339174

Category: Law

Page: 602

View: 4891

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Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law. Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.

International Commercial Arbitration in New York

Author: James H. Carter,John Fellas

Publisher: Oxford University Press

ISBN: 019993861X

Category: Law

Page: 710

View: 1645

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International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.

Practising Virtue

Inside International Arbitration

Author: Abby Cohen Smutny,Epaminontas E. Triantafilou

Publisher: Oxford University Press

ISBN: 019873980X

Category: Arbitration (International law)

Page: 816

View: 3009

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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practice arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Multiple Party Actions in International Arbitration

Author: Belinda Macmahon

Publisher: Oxford University Press, USA

ISBN: 9780199551729

Category: Law

Page: 445

View: 4521

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This publication from the International Bureau of the Permanent Court of Arbitration presents a collection of studies from a group of distinguished academics, jurists and practitioners widely regarded as experts in the field. The book address a niche and developing area of international arbitration, including the more recent developments of investment arbitration and classwide arbitration. This book, comprising papers written byrenowned experts from Europe and North America, deals with the key issues found in complex international commercial and investment disputes involving more than two parties.

Defining Issues in International Arbitration

Celebrating 100 Years of the Chartered Institute of Arbitrators

Author: Julio Cesar Betancourt

Publisher: Oxford University Press, USA

ISBN: 9780198783206

Category:

Page: 416

View: 8082

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Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators brings together world-renowned international arbitration specialists - both practitioners and academics - who have never before appeared in the same volume. This book contains an invaluable collection of essays that provide expert guidance on some of the most recent developments and current issues in this burgeoning discipline, ranging from Professor William Park's hands-on explanation of international arbitration law to Professor Martin Hunter's recollections of past events and reflections on future trends. In between are essays by some of the most distinguished international arbitration practitioners and world-renowned academics that provide guidance on a broad spectrum of defining issues in the field. The volume is intended to commemorate the 100th anniversary of the Chartered Institute of Arbitrators - the first learned society in the world devoted to the teaching of arbitration.

Arbitration Law of Czech Republic: Practice and Procedure

Author: Alexander J. Belohlávek

Publisher: Juris Publishing, Inc.

ISBN: 1937518183

Category: Law

Page: 2272

View: 4395

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A comprehensive review of the arbitration law and practice in the Czech Republic including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.

International Investment, Political Risk and Dispute Resolution

A Practitioner's Guide

Author: Noah Rubins,N. Stephan Kinsella

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Business & Economics

Page: 769

View: 547

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An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected. International Investment, Political Risk, and Dispute Resolution provides a practical, sophisticated, and comprehensive discussion of all the relevant issues related to political risk: · The political risk of expropriation, both direct and indirect · Subtle yet nefarious forms of "indirect" and "creeping" expropriation that can be more difficult to prove, identify, quantify, and protect against · Protections available under international law to minimize such political risks · The role of bilateral investment treaties, government-sponsored and private investment insurance, and various provisions that may be utilized in investment agreements between the investor and the host state · Measures and steps that can be taken to reduce or respond to political risk, including the proper application of international arbitration

American Arbitration Law

Reformation--Nationalization--Internationalization

Author: Ian R. Macneil

Publisher: Oxford University Press

ISBN: 9780195361339

Category: Law

Page: 288

View: 4047

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With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.

Principles of International Economic Law

Author: Matthias Herdegen

Publisher: Oxford University Press

ISBN: 0198790562

Category:

Page: 624

View: 6282

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Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

Arbitrating the Conduct of International Investors

Author: Jose Daniel Amado,Jackson Shaw Kern,Martin Doe Rodriguez

Publisher: Cambridge University Press

ISBN: 1108415725

Category: Law

Page: N.A

View: 9961

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This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.