This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR.
This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR.
Mustafa O¿uz Tuna is a legal practitioner at GSI Attorney Partnership Law Firm. Supervising international energy contracts and dispute proceedings.
Inhaltsangabe
CHAPTER I - INTRODUCTION Background Rationale Behind the Emergence of ADR Criticism and Justification CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS Introduction Historical Background of ADR Definition of ADR Purpose of the ADR Positive Sides of ADR Challenges and Threats to the Practice of ADR Negotiation Mediation Conciliation Expert Determination Neutral Evaluation Fact-finding Mini-trial Ombudsman Dispute Review Boards Enquiry CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME International Investment Treaties Investment Contracts Domestic Dispute Resolution Mechanisms CHAPTER IV - DRAWBACKS of ISDS SYSTEM History of ISDS A General View to ISDS Diplomatic Protection Court Litigation Negative Impacts of the Arbitration on the Parties Discontinued and Settled Arbitration Cases Assistive Procedures to Arbitration Seeking a Way Out: Hybrid Methods CHAPTER V - INSTITUTIONAL ADR RULES Conciliation Mediation Expert Determination Fact-finding Rules (ICSID Additional Facility) Early Neutral Evaluation Agreement - CEDR Model Dispute Board Rules of CIArb CHAPTER VI - ADR IN ENERGY INVESTMENT DISPUTES Fundamentals of Energy Investment Disputes Type of the Disputes Stages of the Disputes Amount of the Dispute Critiques and Challenges to the Application of ADR CHAPTER VII: CONCLUSION Overview How Can ADR Succeed? Host State Approach Closure BIBLIOGRAPHY
CHAPTER I - INTRODUCTION
Background
Rationale Behind the Emergence of ADR
Criticism and Justification
CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
Introduction
Historical Background of ADR
Definition of ADR
Purpose of the ADR
Positive Sides of ADR
Challenges and Threats to the Practice of ADR
Negotiation
Mediation
Conciliation
Expert Determination
Neutral Evaluation
Fact-finding
Mini-trial
Ombudsman
Dispute Review Boards
Enquiry
CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME
International Investment Treaties
Investment Contracts
Domestic Dispute Resolution Mechanisms
CHAPTER IV - DRAWBACKS of ISDS SYSTEM
History of ISDS
A General View to ISDS
Diplomatic Protection
Court Litigation
Negative Impacts of the Arbitration on the Parties
Discontinued and Settled Arbitration Cases
Assistive Procedures to Arbitration
Seeking a Way Out: Hybrid Methods
CHAPTER V - INSTITUTIONAL ADR RULES
Conciliation
Mediation
Expert Determination
Fact-finding Rules (ICSID Additional Facility)
Early Neutral Evaluation Agreement - CEDR Model
Dispute Board Rules of CIArb
CHAPTER VI - ADR IN ENERGY INVESTMENT DISPUTES
Fundamentals of Energy Investment Disputes
Type of the Disputes
Stages of the Disputes
Amount of the Dispute
Critiques and Challenges to the Application of ADR
CHAPTER I - INTRODUCTION Background Rationale Behind the Emergence of ADR Criticism and Justification CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS Introduction Historical Background of ADR Definition of ADR Purpose of the ADR Positive Sides of ADR Challenges and Threats to the Practice of ADR Negotiation Mediation Conciliation Expert Determination Neutral Evaluation Fact-finding Mini-trial Ombudsman Dispute Review Boards Enquiry CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME International Investment Treaties Investment Contracts Domestic Dispute Resolution Mechanisms CHAPTER IV - DRAWBACKS of ISDS SYSTEM History of ISDS A General View to ISDS Diplomatic Protection Court Litigation Negative Impacts of the Arbitration on the Parties Discontinued and Settled Arbitration Cases Assistive Procedures to Arbitration Seeking a Way Out: Hybrid Methods CHAPTER V - INSTITUTIONAL ADR RULES Conciliation Mediation Expert Determination Fact-finding Rules (ICSID Additional Facility) Early Neutral Evaluation Agreement - CEDR Model Dispute Board Rules of CIArb CHAPTER VI - ADR IN ENERGY INVESTMENT DISPUTES Fundamentals of Energy Investment Disputes Type of the Disputes Stages of the Disputes Amount of the Dispute Critiques and Challenges to the Application of ADR CHAPTER VII: CONCLUSION Overview How Can ADR Succeed? Host State Approach Closure BIBLIOGRAPHY
CHAPTER I - INTRODUCTION
Background
Rationale Behind the Emergence of ADR
Criticism and Justification
CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
Introduction
Historical Background of ADR
Definition of ADR
Purpose of the ADR
Positive Sides of ADR
Challenges and Threats to the Practice of ADR
Negotiation
Mediation
Conciliation
Expert Determination
Neutral Evaluation
Fact-finding
Mini-trial
Ombudsman
Dispute Review Boards
Enquiry
CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME
International Investment Treaties
Investment Contracts
Domestic Dispute Resolution Mechanisms
CHAPTER IV - DRAWBACKS of ISDS SYSTEM
History of ISDS
A General View to ISDS
Diplomatic Protection
Court Litigation
Negative Impacts of the Arbitration on the Parties
Discontinued and Settled Arbitration Cases
Assistive Procedures to Arbitration
Seeking a Way Out: Hybrid Methods
CHAPTER V - INSTITUTIONAL ADR RULES
Conciliation
Mediation
Expert Determination
Fact-finding Rules (ICSID Additional Facility)
Early Neutral Evaluation Agreement - CEDR Model
Dispute Board Rules of CIArb
CHAPTER VI - ADR IN ENERGY INVESTMENT DISPUTES
Fundamentals of Energy Investment Disputes
Type of the Disputes
Stages of the Disputes
Amount of the Dispute
Critiques and Challenges to the Application of ADR
CHAPTER VII: CONCLUSION
Overview
How Can ADR Succeed?
Host State Approach
Closure
BIBLIOGRAPHY
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