This edition builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of investor-State arbitration. New coverage includes but is not limited to jurisdiction ratione temporis, precedent, moral damages, and denial of benefits.
This edition builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of investor-State arbitration. New coverage includes but is not limited to jurisdiction ratione temporis, precedent, moral damages, and denial of benefits.
Borzu Sabahi is a partner at Curtis Mallet-Prevost Colt & Mosle LLP and an Adjunct Professor at Georgetown University Law Center. Noah Rubins is the head of the international arbitration group at Freshfields Bruckhaus Deringer's Paris office. Don Wallace, Jr.R is Professor of Law at Georgetown University Law Center, Chairman of the International Law Institute (ILI), and counsel in Mitchell Silberberg & Knupp LLP.
Inhaltsangabe
* 1: Introduction * 2: History and Limitations of the Traditional System for Resolving Investment Disputes * 3: The Modern System of Investor-State Arbitration * 4: Commonly Used Procedural Rules * 5: National Court Interference: Anti-Arbitration Injunctions * 6: The Course of an Investment Arbitration * 7: Special Procedures: Applications and Motions * 8: Governing Law in Investment Disputes * 9: Consent to Arbitral Jurisdiction * 10: Nationality of Investors * 11: Investors * 12: Jurisdiction Ratione Temporis * 13: Exhaustion of Local Remedies * 14: Election of Forum: Treaty Arbitration, National Courts or Contract Arbitration * 15: Umbrella Clauses * 16: State Responsibility, Attribution, and Circumstances Precluding Wrongfulness * 17: Discrimination: National Treatment, Most-Favored Nation Treatment, and Discriminatory Impairment * 18: Expropriation * 19: Fair and Equitable Treatment, Full Protection and Security and War Clauses * 20: Transfers * 21: Compensation, Damages, and Restitution * 22: Annulment, Set Aside, and Refusal to Enforce * 23: Enforcement and Execution of Investment Treaty Awards
* 1: Introduction * 2: History and Limitations of the Traditional System for Resolving Investment Disputes * 3: The Modern System of Investor-State Arbitration * 4: Commonly Used Procedural Rules * 5: National Court Interference: Anti-Arbitration Injunctions * 6: The Course of an Investment Arbitration * 7: Special Procedures: Applications and Motions * 8: Governing Law in Investment Disputes * 9: Consent to Arbitral Jurisdiction * 10: Nationality of Investors * 11: Investors * 12: Jurisdiction Ratione Temporis * 13: Exhaustion of Local Remedies * 14: Election of Forum: Treaty Arbitration, National Courts or Contract Arbitration * 15: Umbrella Clauses * 16: State Responsibility, Attribution, and Circumstances Precluding Wrongfulness * 17: Discrimination: National Treatment, Most-Favored Nation Treatment, and Discriminatory Impairment * 18: Expropriation * 19: Fair and Equitable Treatment, Full Protection and Security and War Clauses * 20: Transfers * 21: Compensation, Damages, and Restitution * 22: Annulment, Set Aside, and Refusal to Enforce * 23: Enforcement and Execution of Investment Treaty Awards
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