基本説明
New in paperback. Hardcover was published in 2008. Analysis is provided for the most important international treaties giving investors a right to arbitration of claims, the most commonly employed arbitration rules, and the most important elements of investor-state arbitration procedure.
Full Description
Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elementsof investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth ininternational trade and commerce.
Contents
I. Introduction ; II. History and Limitations of the Traditional System for Resolving ; Investment Disputes ; III. The Modern System of Investor-State Arbitration ; IV. Commonly Used Procedural Rules ; V. Procedural Law Applicable in Investor-State Arbitration ; VI. National Court Interference: Anti-Arbitration Injunctions ; VII. The Course of an Investment Arbitration ; VIII. Consolidation under Relevant Arbitration Rules or Treaties ; IX. Governing Law in Investment Disputes ; X. Consent to Arbitral Jurisdiction ; XI. The Concept of Investment ; XII. The Nationality of the Investor ; XIII. Exhaustion of Local Remedies ; XIV. Election of Forum: National Courts and Contract Arbitrations ; XV. Discrimination ; XVI. Expropriation ; XVII. "Fair and Equitable Treatment" and "Full Protection and Security" ; XVIII. Umbrella Clauses ; XIX. Damages, Compensation, and Non-Pecuniary Remedies ; XX. Annulment and Set Aside ; XXI. Enforcement of Awards ; XXII. The Future of International Investment Arbitration ; Select Bibliography ; Index ; Table of Cases ; Index of Treaties, Conventions, and International Agreements
