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.
Sprache
Verlagsort
Zielgruppe
Für Beruf und Forschung
Students and professors studying international business law; practitioners involved in international business transactions.
Maße
Höhe: 245 mm
Breite: 169 mm
Dicke: 42 mm
Gewicht
ISBN-13
978-0-19-979572-7 (9780199795727)
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Schweitzer Klassifikation
Christopher F. 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.
Autor*in
Paul Hastings, Janofsky & Walker LLP
Georgetown University
Freshfields Bruckhaus Deringer
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
