Arbitration under international investment agreements : a guide to the key issues / edited by Katia Yannaca-Small.
2018
K3830 .A734 2018 (Mapit)
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Details
Title
Arbitration under international investment agreements : a guide to the key issues / edited by Katia Yannaca-Small.
Added Author
Edition
Second edition.
Imprint
Oxford, United Kingdom ; New York : Oxford University Press, 2018.
Copyright
©2018
Description
xcviii, 851 pages ; 26 cm
Formatted Contents Note
Bilateral Investment Treaties and FTAs : Recent Developments in Investment Rulemaking / Roberto Echandi
Energy Charter Treaty / Emmanuel Gaillard and Mark McNeill
International Dispute Settlement Mechanisms / Ucheora Onwuamaegbu
Role of Precedent in Investment Arbitration / Jan Paulsson
Overview of Procedure in an Investment Treaty Arbitration / Bart Legum
Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration / Milanka Konstadinova
Fate of Frivolous and Unmeritorious Claims / Katia Yannaca-Small and David Earnest
Challenges of Arbitrators in International Investment Arbitration : Where We Are and Where We Are Going / Loretta Malintoppi and Alvin Yap
Piercing the Veil of Confidentiality : The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration / Andrea Menaker and Eckhard Hellbeck
Who is entitled to Claim? : The Definition of Nationality in Investment Arbitration / Katia Yannaca-Small
Meaning of Investment in Investment Treaty Arbitration / Katia Yannaca-Small and Dimitrios Katsikis
Bi-furcation of Investment Disputes / Baiju Vasani and Sarah Vasani
Burden and Standard of Proof at the Jurisdictional Stage / Baiju Vasani and Timothy Foden
Attribution : State Organs and Entities Exercising Elements of Governmental Authority / Georgios Petrochilos
15. Breach of Treaty Claims and Breach of Contract Claims : When Can an International Tribunal Exercise Jurisdiction? / Stanimir A. Alexander
Umbrella Clause / Katia Yannaca-Small
Counterclaims in Investment Treaty Arbitration / Mark Clodfelter and Diana Tsutieva
State's Corruption Defense : Prosecutorial Efforts and Anti-Corruption Norms in Investment Treaty Arbitration / Charles Brower and Jawad Ahmad
Law Applicable in Investment Treaty Arbitration / Yas Banifatemi
Fair and Equitable Treatment / Katia Yannaca-Small
National Treatment Obligation / Andrea Bjorklund
Indirect Expropriation and the Right to Regulate / Katia Yannaca-Small
MFN Clause : What Are Its Limits? / Abby Cohen Smutny, Petr Polasek, and Chad Farrell
Interim Relief in Investment Arbitration / Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta
Awarding Damages in Investment Arbitration / Irmgard Marboe
Third Party Funding in Investment Treaty Arbitration / Nigel Blackaby and Alex Wilbraham
Annulment of ICSID Awards : is it Enough or is Appeal Around the Corner? / Katia Yannaca-Small
Review of non-ICSID Awards by National Courts / Kaj Hober and Nils Eliasson
Enforcement of Investment Treaty Awards / August Reinisch
Practical Guide : Research Tools in International Investment Law / Julien Fouret.
Energy Charter Treaty / Emmanuel Gaillard and Mark McNeill
International Dispute Settlement Mechanisms / Ucheora Onwuamaegbu
Role of Precedent in Investment Arbitration / Jan Paulsson
Overview of Procedure in an Investment Treaty Arbitration / Bart Legum
Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration / Milanka Konstadinova
Fate of Frivolous and Unmeritorious Claims / Katia Yannaca-Small and David Earnest
Challenges of Arbitrators in International Investment Arbitration : Where We Are and Where We Are Going / Loretta Malintoppi and Alvin Yap
Piercing the Veil of Confidentiality : The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration / Andrea Menaker and Eckhard Hellbeck
Who is entitled to Claim? : The Definition of Nationality in Investment Arbitration / Katia Yannaca-Small
Meaning of Investment in Investment Treaty Arbitration / Katia Yannaca-Small and Dimitrios Katsikis
Bi-furcation of Investment Disputes / Baiju Vasani and Sarah Vasani
Burden and Standard of Proof at the Jurisdictional Stage / Baiju Vasani and Timothy Foden
Attribution : State Organs and Entities Exercising Elements of Governmental Authority / Georgios Petrochilos
15. Breach of Treaty Claims and Breach of Contract Claims : When Can an International Tribunal Exercise Jurisdiction? / Stanimir A. Alexander
Umbrella Clause / Katia Yannaca-Small
Counterclaims in Investment Treaty Arbitration / Mark Clodfelter and Diana Tsutieva
State's Corruption Defense : Prosecutorial Efforts and Anti-Corruption Norms in Investment Treaty Arbitration / Charles Brower and Jawad Ahmad
Law Applicable in Investment Treaty Arbitration / Yas Banifatemi
Fair and Equitable Treatment / Katia Yannaca-Small
National Treatment Obligation / Andrea Bjorklund
Indirect Expropriation and the Right to Regulate / Katia Yannaca-Small
MFN Clause : What Are Its Limits? / Abby Cohen Smutny, Petr Polasek, and Chad Farrell
Interim Relief in Investment Arbitration / Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta
Awarding Damages in Investment Arbitration / Irmgard Marboe
Third Party Funding in Investment Treaty Arbitration / Nigel Blackaby and Alex Wilbraham
Annulment of ICSID Awards : is it Enough or is Appeal Around the Corner? / Katia Yannaca-Small
Review of non-ICSID Awards by National Courts / Kaj Hober and Nils Eliasson
Enforcement of Investment Treaty Awards / August Reinisch
Practical Guide : Research Tools in International Investment Law / Julien Fouret.
Summary
"Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. [This book] describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides an...overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration."-- Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Other Editions
Call Number
K3830 .A734 2018
Language
English
ISBN
9780198758082 (hardback)
0198758081 (hardback)
0198758081 (hardback)
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