Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

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Release : 2018-04-03
Genre : Law
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Book Rating : 793/5 ( reviews)

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration write by Christina L. Beharry. This book was released on 2018-04-03. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration available in PDF, EPUB and Kindle. Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

Damages in Investor-State Arbitration

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Release : 2018-05-15
Genre : Law
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Book Rating : 385/5 ( reviews)

Damages in Investor-State Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Damages in Investor-State Arbitration write by Irmgard Marboe. This book was released on 2018-05-15. Damages in Investor-State Arbitration available in PDF, EPUB and Kindle. Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.

Investor-State Arbitration

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Release : 2008
Genre : Business & Economics
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Book Rating : 72X/5 ( reviews)

Investor-State Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Investor-State Arbitration write by Christopher Dugan. This book was released on 2008. Investor-State Arbitration available in PDF, EPUB and Kindle. 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.

The Oxford Handbook of International Investment Law

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Release : 2008-06-26
Genre : Law
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Book Rating : 364/5 ( reviews)

The Oxford Handbook of International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Oxford Handbook of International Investment Law write by Peter Muchlinski. This book was released on 2008-06-26. The Oxford Handbook of International Investment Law available in PDF, EPUB and Kindle. The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

Investment Treaty Law

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Release : 2009
Genre : Business & Economics
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Book Rating : 127/5 ( reviews)

Investment Treaty Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Investment Treaty Law write by British Institute of International and Comparative Law. This book was released on 2009. Investment Treaty Law available in PDF, EPUB and Kindle. The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.