Midlands State University Library
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Investor-state arbitration / created by Burzū Ṣabāḥī, Noah Rubins; edited by Don Wallace

By: Contributor(s): Material type: TextTextOxford University Press, 2019Edition: Second EditionDescription: lxxii, 920 pages: 26 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780198755760
Subject(s): LOC classification:
  • K3830 SAB
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
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
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Includes bibliography and index


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

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

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