Investment Arbitration is a multi-billion dollar venture. It is an area of international dispute resolution, which has undergone tremendous growth in recent years and resulted in the signature of thousands of Bilateral Investment Treaties (BITs) between foreign states and several Multilateral Investment Treaties (MITs). Numerous disputes involving these instruments are resolved through international arbitration. Arbitral tribunals have rendered many awards ordering the payment of large sums of money. This handbook provides an explanatory introduction into the area of investment arbitration, differentiating it from commercial arbitration and state-to-state arbitration. It examines the legal framework and the general course of an international investment arbitration. In particular, it focuses on the standards of protection in international investment agreements, the concept of jurisdiction in international investment arbitration and the arbitral award, including the notions of recognition, enforcement and execution. Moreover, this cutting-edge publication contains relevant and recent case law in the area and deals with contemporaneous issues such as the ongoing controversy regarding the future of Intra-EU BITs and Free Trade Agreements as well as the link between vulture funds and investment arbitration. The handbook aims at arbitrators, lawyers, practitioners, academics, students and everyone with an interest in international investment arbitration.
Egypt), reversing the burden of proof may be necessary if there are 'special circumstances or good reasons'.25 Here, egypt alleged that the investor had obtained his Lebanese nationality by fraud and submitted that the tribunal should, ...
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration.
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices.
Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues.
Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration.
6, at 184, with regard to the warning that the criticisms moved against investment treaty arbitration can call into question the entire system as prescribed in Ch. 2 infra; Albert Badia, Piercing the Veil of State Enterprises in ...
Library of Congress Cataloging-in-Publication Data The reasons requirement in international investment arbitration : critical case studies / editors Guillermo Aguilar Alvarez, W. Michael Reisman. p. cm. Includes index.
International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach.
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the ...