|
![]() |
|||
|
||||
OverviewInvestor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. 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. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable. Full Product DetailsAuthor: Katia Yannaca-SmallPublisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 18.10cm , Height: 4.80cm , Length: 26.20cm Weight: 1.510kg ISBN: 9780195340693ISBN 10: 0195340698 Pages: 790 Publication Date: 29 April 2010 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: Awaiting stock ![]() The supplier is currently out of stock of this item. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out for you. Table of Contents"Part I Investment Treaties and the Mechanisms Provided for the Settlement of Investment Disputes Chapter 1 Bilateral Investment Treaties and Investment Provisions in Regional Trade Agreements: Recent Developments in Investment Rulemaking Roberto Echandi Chapter 2 The Energy Charter Treaty Emmanuel Gaillard, Mark McNeill Chapter 3 International Dispute Settlement Mechanisms-Choosing Between Institutionally Supported and Ad Hoc; and Between Institutions Ucheora Onwuamaegbu Part II Practical Guide to the Key Procedural Issues Chapter 4 An Overview of Procedure in an Investment Treaty Arbitration Barton Legum Chapter 5 The Initiation of Proceedings and Constitution of Tribunals in Investment Treaty Arbitrations Antonio R. Parra Chapter 6 Bi-Trifurcation of Investment Disputes Baiju S. Vasani Chapter 7 Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration Andrea J. Menaker Chapter 8 ""Equality of Arms"" in Investment Arbitration: Procedural Challenges Thomas W. Wälde Part III Practical Guide to the Key Jurisdictional Issues Chapter 9 The Law Applicable in Investment Treaty Arbitration Yas Banifatemi Chapter 10 Who Is Entitled to Claim? Nationality Challenges Katia Yannaca-Small Chapter 11 Definition of ""Investment"": An Open-ended Search for a Balanced Approach Katia Yannaca-Small Chapter 12 Burden of Proof Regarding Jurisdiction Baiju S. Vasani and Timothy L. Foden Chapter 13 Attribution Georgios Petrochilos Chapter 14 Breach of Treaty Claims and Breach of Contract Claims: Is It Still Unknown Territory? Stanimir Alexandrov Chapter 15 The MFN Clause: What Are Its Limits? Abby Cohen Smutny, Lee Steven Part IV Practical Guide to the Key Substantive Issues Chapter 16 The Fair and Equitable Treatment Standard Katia Yannaca-Small Chapter 17 The National Treatment Obligation Andrea K. Bjorklund Chapter 18 Indirect Expropriation: Is the Right to Regulate at Risk? Katia Yannaca-Small Chapter 19 What about this ""Umbrella Clause""? Katia Yannaca-Small Part V Remedies Chapter 20 Interim Relief in International Investment Agreements Gabrielle Kaufmann-Kohler, Aurélia Antonietti Chapter 21 Damages in Investment Treaty Arbitration Meg Kinnear Chapter 22 Compensation: A Closer Look at Cases Awarding Damages for Violation of the Fair and Equitable Treatment Standard Kaj Hobér Part VI The Post-award Phase Chapter 23 Annulment of ICSID Awards: Limited Scope But Is There Potential? Katia Yannaca-Small Chapter 24 Review of Investment Treaty Awards by Municipal Courts Kaj Hobér, Nils Eliasson Chapter 25 Enforcement of Investment Awards August Reinisch Chapter 26 The Role of Precedent in Investment Arbitration Jan Paulsson Appendix A Practical Guide: Research Tools in International Investment Law Julien Fouret Table of Arbitral Decisions Index"Reviews<br> Katia Yannaca-Small's book provides an important contribution to the analysis of investment arbitration from the practical perspective. She has assembled a high-profile team of contributors, identified some of the key procedural and substantial issues that are likely to arise in investment arbitration, and expertly guided the reader through the process. I commend this book as one that will appeal to a wide audience of practitioners, government officials, and scholars alike. <br>--Loretta Malintoppi <br>Of Counsel, Eversheds LLP <br><p><br> Katia Yannaca-Small, both editor and author of key chapters, has provided a comprehensive appreciation of the most salient legal and policy issues arising under international investment agreements. These essays, authored by a global who's who of international arbitration, sparkle with an intelligence borne of both practical experience and academic reflection. As policy-makers, advocates, and arbitrators continue to wrestle with difficult questi This is an invaluable guide, filled with practical advice, lucid analysis, creative insights, fascinating anecdotes and crisp prose written by an all star cast of practitioners, arbitrators, scholars, current and former government officials and other leaders in the field Alexandre de Gramont, Partnerm Crowell & Moring LLP, Washington DC <br> Katia Yannaca-Small's book provides an important contribution to the analysis of investment arbitration from the practical perspective. She has assembled a high-profile team of contributors, identified some of the key procedural and substantial issues that are likely to arise in investment arbitration, and expertly guided the reader through the process. I commend this book as one that will appeal to a wide audience of practitioners, government officials, and scholars alike. <br>--Loretta Malintoppi <br>Of Counsel, Eversheds LLP <br> Katia Yannaca-Small, both editor and author of key chapters, has provided a comprehensive appreciation of the most salient legal and policy issues arising under international investment agreements. These essays, authored by a global who's who of international arbitration, sparkle with an intelligence borne of both practical experience and academic reflection. As policy-makers, advocates, and arbitrators continue to wrestle with difficult questions <br> Katia Yannaca-Small's book provides an important contribution to the analysis of investment arbitration from the practical perspective. She has assembled a high-profile team of contributors, identified some of the key procedural and substantial issues that are likely to arise in investment arbitration, and expertly guided the reader through the process. I commend this book as one that will appeal to a wide audience of practitioners, government officials, and scholars alike. <br>--Loretta Malintoppi <br>Of Counsel, Eversheds LLP <br><p><br> Katia Yannaca-Small, both editor and author of key chapters, has provided a comprehensive appreciation of the most salient legal and policy issues arising under international investment agreements. These essays, authored by a global who's who of international arbitration, sparkle with an intelligence borne of both practical experience and academic reflection. As policy-makers, advocates, and arbitrators continue to wrestle with difficult questions of investment protection, sovereign prerogatives and dispute settlement, they would do well to turn to this fine work. <br>--Daniel M. Price <br>Partner, Sidley Austin LLP <br><p><br> This book, written by leading experts in the field, addresses some of the most burning issues in the law of international investments. Its coverage is comprehensive and includes jurisdiction, procedure, substantive standards, remedies, review of awards, and enforcement. A practical guide to the research tools in the field is a welcome supplement. This volume is valuable to the experienced practitioner and to the student alike. <br>--Christoph Schreuer <br>Of Counsel, Wolf Theiss Rechtsanw lte <br><p><br> This is an invaluable guide, filled with practical advice, lucid analysis, creative insights, fascinating anecdotes and crisp prose written by an all-star cast of practitioners, arbitrators, scholars, current and former government officials, and other leaders in the field. <br>--Alexandre de Gramon Katia Yannaca-Small's book provides an important contribution to the analysis of investment arbitration from the practical perspective. She has assembled a high-profile team of contributors, identified some of the key procedural and substantial issues that are likely to arise in investment arbitration, and expertly guided the reader through the process. I commend this book as one that will appeal to a wide audience of practitioners, government officials, and scholars alike. --Loretta Malintoppi Of Counsel, Eversheds LLP Katia Yannaca-Small, both editor and author of key chapters, has provided a comprehensive appreciation of the most salient legal and policy issues arising under international investment agreements. These essays, authored by a global who's who of international arbitration, sparkle with an intelligence borne of both practical experience and academic reflection. As policy-makers, advocates, and arbitrators continue to wrestle with difficult questions of investment protection, sovereign prerogatives and dispute settlement, they would do well to turn to this fine work. --Daniel M. Price Partner, Sidley Austin LLP This book, written by leading experts in the field, addresses some of the most burning issues in the law of international investments. Its coverage is comprehensive and includes jurisdiction, procedure, substantive standards, remedies, review of awards, and enforcement. A practical guide to the research tools in the field is a welcome supplement. This volume is valuable to the experienced practitioner and to the student alike. --Christoph Schreuer Of Counsel, Wolf Theiss Rechtsanwalte This is an invaluable guide, filled with practical advice, lucid analysis, creative insights, fascinating anecdotes and crisp prose written by an all-star cast of practitioners, arbitrators, scholars, current and former government officials, and other leaders in the field. --Alexandre de Gramon Author InformationKatia Yannaca-Small is a Senior Counsel with the International Centre for the Settlement of Investment Disputes (ICSID), where she administers investment disputes brought before the Centre and works on issues of outreach policy related to the Centre's activities. Prior to joining ICSID, she was the Legal Advisor to the OECD Investment Division, where she was responsible for analytical work on all legal issues related to international investment agreements and, in particular, developments in investor-state dispute settlement. She is an often-cited writer and speaker on this subject. Tab Content 6Author Website:Countries AvailableAll regions |