Download Adjudicating Trade And Investment Disputes full books in PDF, epub, and Kindle. Read online free Adjudicating Trade And Investment Disputes ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Szilárd Gáspár-Szilágyi |
| Publisher | : Cambridge University Press |
| Total Pages | : 341 |
| Release | : 2020-07-02 |
| Genre | : Business & Economics |
| ISBN | : 1108487408 |
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.
| Author | : Leïla Choukroune |
| Publisher | : Routledge |
| Total Pages | : 190 |
| Release | : 2021-07-22 |
| Genre | : Law |
| ISBN | : 1000407969 |
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
| Author | : Nicola Strain |
| Publisher | : BRILL |
| Total Pages | : 399 |
| Release | : 2024-06-13 |
| Genre | : Law |
| ISBN | : 9004700935 |
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
| Author | : Jorge A. Huerta-Goldman |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 713 |
| Release | : 2013-07-01 |
| Genre | : Law |
| ISBN | : 9041147012 |
This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and ‘pressure points’ within host governments; selection and appointment of arbitrators, panels and Appellate Body members; use of experts and economics; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing ‘moral damage’; regimes of review, appeals and annulment; enforcement systems of awards, implementation of WTO law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.
| Author | : Andrew D. Mitchell |
| Publisher | : OUP Oxford |
| Total Pages | : 225 |
| Release | : 2015-05-21 |
| Genre | : Law |
| ISBN | : 0191060356 |
The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.
| Author | : NICOLA. STRAIN |
| Publisher | : Brill Nijhoff |
| Total Pages | : 0 |
| Release | : 2024-09-26 |
| Genre | : Law |
| ISBN | : 9789004700925 |
International economic adjudication is under stress. International law could act as a legitimising force. Yet, this book shows how far away that goal is: the inconsistency in the application of the international legal toolkit plagues the dispute settlement systems in need of reform.
| Author | : Zena Prodromou |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-08-12 |
| Genre | : Law |
| ISBN | : 9403520019 |
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
| Author | : Szilárd Gáspár-Szilágyi |
| Publisher | : Cambridge University Press |
| Total Pages | : 341 |
| Release | : 2020-07-02 |
| Genre | : Law |
| ISBN | : 1108805078 |
Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume contributes to both the general debate on the fragmentation of international law and the narrower discourse concerning the interplay between international trade and investment, focusing on dispute settlement. It moves beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of 'doctrinal,' quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence or divergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.
| Author | : Manfred Elsig |
| Publisher | : Cambridge University Press |
| Total Pages | : 520 |
| Release | : 2021-07-22 |
| Genre | : Political Science |
| ISBN | : 1108967124 |
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
