Welcome to the 2022 edition of ICLG - Investor-State Arbitration. I am delighted to introduce this latest exploration of developments in investment arbitration on behalf of Foley Hoag LLP. As the COVID-19 pandemic has continued to wreak havoc around the world in 2021, we have also experienced the devastating impact of climate change at ever more unprecedented levels. These and other major global events have begun to reverberate in the investment arbitration scene, with international businesses increasingly looking to investment arbitration tribunals to help them obtain compensation for State measures that they perceive to be violating international investment agreements ("IIAs"). At the same time, States have continued to seek reform of the investor-State arbitration legal landscape at various levels. Many are negotiating bilateral and regional IIAs that more explicitly recalibrate the balance of obligations and rights between investors and States, for example. Others are involved in multilateral procedural reform through the United Nations Commission on International Trade Law ("UNCITRAL") and the International Centre for Settlement of Investment Disputes ("ICSID"). As investment arbitration legislation and case law continue to evolve rapidly, it is critical to maintain an accurate guide regarding current relevant practices and law in various jurisdictions. The 2022 edition of this Guide accomplishes that objective by providing global businesses leaders, in-house counsel, State representatives, and international legal practitioners with ready access to important information regarding 13 jurisdictions. It also includes environmental considerations in investment arbitrations and treaties, expert analyses on collecting investor-State awards, as well as the impact of EU law on investment arbitration and IIAs and the state of play of European Union ("EU") investment protection. Congratulations to Global Legal Group for successfully publishing yet another authoritative comparative legal guide. And many thanks to each contributor who made it possible by sharing generously their knowledge and experience.
Welcome to the 2022 edition of ICLG - Investor-State Arbitration. I am delighted to introduce this latest exploration of developments in investment arbitration on behalf of Foley Hoag LLP. As the COVID-19 pandemic has continued to wreak havoc around the world in 2021, we have also experienced the devastating impact of climate change at ever more unprecedented levels. These and other major global events have begun to reverberate in the investment arbitration scene, with international businesses increasingly looking to investment arbitration tribunals to help them obtain compensation for State measures that they perceive to be violating international investment agreements ("IIAs"). At the same time, States have continued to seek reform of the investor-State arbitration legal landscape at various levels. Many are negotiating bilateral and regional IIAs that more explicitly recalibrate the balance of obligations and rights between investors and States, for example. Others are involved in multilateral procedural reform through the United Nations Commission on International Trade Law ("UNCITRAL") and the International Centre for Settlement of Investment Disputes ("ICSID"). As investment arbitration legislation and case law continue to evolve rapidly, it is critical to maintain an accurate guide regarding current relevant practices and law in various jurisdictions. The 2022 edition of this Guide accomplishes that objective by providing global businesses leaders, in-house counsel, State representatives, and international legal practitioners with ready access to important information regarding 13 jurisdictions. It also includes environmental considerations in investment arbitrations and treaties, expert analyses on collecting investor-State awards, as well as the impact of EU law on investment arbitration and IIAs and the state of play of European Union ("EU") investment protection. Congratulations to Global Legal Group for successfully publishing yet another authoritative comparative legal guide. And many thanks to each contributor who made it possible by sharing generously their knowledge and experience.
Reihe
Auflage
Sprache
Verlagsort
Zielgruppe
Editions-Typ
Maße
Höhe: 297 mm
Breite: 210 mm
Dicke: 5 mm
ISBN-13
978-1-83918-155-9 (9781839181559)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
1 Environmental Considerations in Investment Arbitrations and Treaties Tafadzwa Pasipanodya, Foley Hoag LLP 6 Collecting Investor-State Awards Andrew Stafford QC, Kobre & Kim 10 The Impact of EU Law on ISDS, Intra-EU BITs and the ECT Prof. Dr. Nikos Lavranos, European Federation for Investment Law and Arbitration (EFILA) 14 State of Play of EU Investment Protection Prof. Dr. Gerard Meijer, Kirstin Schwedt & Xavier Taton, Linklaters LLP 22 Australia Corrs Chambers Westgarth: Nastasja SuhadolJoshua Paffey 29 China Hui Zhong Law Firm: Shengchang Wang, Ning FXueyu Yang & Mariana Zhong 37 France Le 16 Law: Julie Spinelli & Yann Dehaudt-Delvill 48 Germany Seven Summits Arbitration: Dr. Gebhard BucheGustav Flecke-Giammarco & Dr. Martina Magnar 54 Hungary DLA Piper Posztl, Nemescsoi, Gyoerfi-Toth and Partners Law Firm: Andras Nemescsoi & David Kohegyi 60 Japan Mori Hamada & Matsumoto: Daniel Allen & Yuko Kanamaru 65 Portugal CRA - Coelho Ribeiro & Partners: Rui Botica Santos & Luis Moreira Cortez 70 Singapore RBN Chambers LLC: Ramesh Bharani Nagaratnam & Wong Teck Ming 77 Spain Iscar Arbitraje: Javier Iscar Stampa Abogados: Dr. Gonzalo Stampa 83 Sweden DER Legal: Ylli Dautaj Advokat Rolf Abjoernsson AB: Rolf Abjoernsson 90 Switzerland Homburger: Mariella Orelli & Dilber Devitre 95 United Kingdom Fietta LLP: Jiries Saadeh & Miglena Angelova 101 USA Foley Hoag LLP: Tafadzwa Pasipanodya, Karim M'ziani, Sun Young Hwang & Udodilim Nnamdi