From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement / by Marc Bungenberg, August Reinisch.
2018
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Author
Title
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement / by Marc Bungenberg, August Reinisch.
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Edition
1st ed. 2018.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2018.
Description
XIV, 206 p. online resource.
Series
Amar chitra katha. Special issue. 2510-6880
Formatted Contents Note
Executive Summary
Introduction
Targets for the Reorganization of the Investment Protection Regime
Design and Implementation of a Two-Tiered MIC
Applicable Law
Pronoucement of Decisions and Consequences
Recognition and Enforcement of Awards.-Possibilities for the Establishment of an MIC and a Possible Connection to Existing Institutions and System Conformity
Pure Appelate Body/Pur Appeal Mechanism - "Multilateral Investment Appeals Mechanism".
Introduction
Targets for the Reorganization of the Investment Protection Regime
Design and Implementation of a Two-Tiered MIC
Applicable Law
Pronoucement of Decisions and Consequences
Recognition and Enforcement of Awards.-Possibilities for the Establishment of an MIC and a Possible Connection to Existing Institutions and System Conformity
Pure Appelate Body/Pur Appeal Mechanism - "Multilateral Investment Appeals Mechanism".
Summary
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
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SpringerLink electronic monographs.
Language
English
ISBN
9783030011895
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