The Resolution of International Investment Disputes: Challenges and Solutions
- ISBN-10
- 9077596526
- ISBN-13
- 9789077596524
- Category
- Arbitration and award, International
- Pages
- 305
- Language
- English
- Published
- 2008
- Publisher
- Eleven International Publishing
- Author
- Mariel Dimsey
Description
This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems â?? such as judicial review and class actions â?? to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.
Get the book
Similar books
-
International Investment Arbitration: A Practical Handbook
By Johan BillietThis handbook provides an explanatory introduction into the area of investment arbitration, differentiating it from commercial arbitration and state-to-state arbitration.
-
Investor-State Dispute Settlement and National Courts: Current Framework and Reform Options
By Gabrielle Kaufmann-Kohler475 (July 2017) Berger A, Busse M, Nunnenkamp P, Roy M (2011) More stringent BITs, less ambiguous effects on FDI? Not a BIT! Econ Lett 112:270–272 Berger A, Busse M, Nunnenkamp P, Roy M (2013) Do trade and investment agreements lead to ...
-
Arbitrating Foreign Investment Disputes
By Norbert Horn, Stefan Michael Kröll, Stefan KröllFor those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level ...
-
Appeals Mechanism in International Investment Disputes
By Karl P SauvantThis volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates.
-
Foreign Investment and Dispute Resolution Law and Practice in Asia
By Vivienne Bath, Luke NottageThis book considers foreign investment flows in major Asian economies.
-
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects
By Ian A. Laird, Borzu Sabahi, Giovanna E. GismondiInternational Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
-
The Future of Investment Arbitration
By Catherine A. Rogers, Roger P. AlfordThis one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration.
-
Mediation in International Commercial and Investment Disputes
By Katia Fach Gómez, Catharine TitiUntil now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing.
-
International Investment Dispute Awards: Facilitating Enforcement
By Esra Yildiz ÜstünArbitration Practice and Procedure Interlocutory and Hearing Problems Third Edition Mark Cato, Julian Critchlow and ... Nathan D. O'Malley Merkin and Flannery on the Arbitration Act 1996 Sixth Edition Robert Merkin and Louis Flannery ...
-
International Investment Arbitration: Substantive Principles
By Laurence Shore, Campbell McLachlan, Matthew WeinigerThis is an authoritative and full-scale review of the substantive law and principles of investment treaty arbitration.