The Backlash Against Investment Arbitration

The Backlash Against Investment Arbitration
Author: Michael Waibel
Publisher: Kluwer Law International B.V.
Total Pages: 674
Release: 2010-01-01
Genre: Law
ISBN: 9041132023

"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

Arbitration Costs

Arbitration Costs
Author: Susan D. Franck
Publisher: Oxford University Press
Total Pages: 344
Release: 2019-03-26
Genre: Law
ISBN: 019005445X

Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.

CETA's Investment Chapter

CETA's Investment Chapter
Author: Kriton Dionysiou
Publisher: Springer Nature
Total Pages: 197
Release: 2021-01-31
Genre: Law
ISBN: 3030669920

This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.

The Changing Practices of International Law

The Changing Practices of International Law
Author: Tanja Aalberts
Publisher: Cambridge University Press
Total Pages: 273
Release: 2018-04-05
Genre: Law
ISBN: 1108425976

Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
Author: Chiara Giorgetti
Publisher: BRILL
Total Pages: 99
Release: 2019-09-24
Genre: Law
ISBN: 9004416234

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules.

Australia and the Backlash Against Investment Arbitration

Australia and the Backlash Against Investment Arbitration
Author: Albert Monichino QC
Publisher:
Total Pages: 3
Release: 2016
Genre:
ISBN:

One of the major developments in international law in the past century has been the rapid expansion of foreign investment law. Historically, investors had few effective legal mechanisms to protect their property in a foreign state. This changed in the 20th century with the proliferation of international investment treaties, guaranteeing foreign investors certain levels of protection. But something has changed in recent years. Increasingly, states are rejecting ISDS in what has come to be known as the 'backlash' against investment arbitration. Recently, Australia became the first developed country to announce that it would no longer include investor-state arbitration clauses in its future international investment treaties. This article briefly examines the debate surrounding the debate surrounding that policy decision.

The Return of the Home State to Investor-State Disputes

The Return of the Home State to Investor-State Disputes
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.

The Legitimacy of Investment Arbitration

The Legitimacy of Investment Arbitration
Author: Daniel Behn
Publisher: Cambridge University Press
Total Pages: 581
Release: 2022-01-13
Genre: Law
ISBN: 1108943756

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.