Investor States
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Author | : Yves Derains |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 362 |
Release | : 2018-10-17 |
Genre | : Law |
ISBN | : 9041184015 |
Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
Author | : Alan M. Anderson |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 441 |
Release | : 2020-11-27 |
Genre | : Law |
ISBN | : 9403518103 |
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
Author | : Benjamin M. Hunter |
Publisher | : Cambridge University Press |
Total Pages | : 99 |
Release | : 2023-07-06 |
Genre | : Social Science |
ISBN | : 100920954X |
This Cambridge Elements on Global Development Studies volume applies the lens of 'investor state' to a pattern of cross-border activities emerging at the end of aid. Using a series of case studies, the volume examines the growth of a trend where states operate as, with and for investors in the healthcare provision sectors of other nations. It sheds light on an evolving institutional landscape for global health in which state-owned development finance institutions, national development banks and sovereign wealth funds are becoming key financial stakeholders in healthcare systems. The trend has been gathering pace in the past 10-15 years in contexts of growing diversity for development financing and is driving the expansion of corporate-oriented models for healthcare provision that are liable to undermine already-strained progress towards achieving equitable access in healthcare globally.
Author | : Christopher F. Dugan |
Publisher | : Oxford University Press |
Total Pages | : 818 |
Release | : 2011-11-25 |
Genre | : Law |
ISBN | : 0199374880 |
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 elements of 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 in international trade and commerce.
Author | : Rodrigo Polanco |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2019-01-10 |
Genre | : Law |
ISBN | : 1108473385 |
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Author | : Shaheeza Lalani |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 506 |
Release | : 2015-01-08 |
Genre | : Law |
ISBN | : 9004282254 |
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.
Author | : Filip Balcerzak |
Publisher | : BRILL |
Total Pages | : 331 |
Release | : 2017-08-28 |
Genre | : Law |
ISBN | : 9004339000 |
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.
Author | : Jean E. Kalicki |
Publisher | : Hotei Publishing |
Total Pages | : 1043 |
Release | : 2015-02-04 |
Genre | : Law |
ISBN | : 9004291105 |
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Author | : Taylor St. John |
Publisher | : Oxford University Press |
Total Pages | : 300 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198789912 |
This book offers the first social-scientific account of investor-state arbitration, and examines the intellectual, political, and economic forces behind its rise.
Author | : Hege Elisabeth Kjos |
Publisher | : Oxford University Press |
Total Pages | : 343 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199656959 |
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.