Introduction to 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 Introduction to Investor-State Arbitration write by Yves Derains. This book was released on 2018-10-17. Introduction to Investor-State Arbitration available in PDF, EPUB and Kindle. 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`
Damages in Investor-State Arbitration
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.
Compensation and Restitution in Investor-State Arbitration
Compensation and Restitution 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 Compensation and Restitution in Investor-State Arbitration write by Borzu Sabahi. This book was released on 2011-06-30. Compensation and Restitution in Investor-State Arbitration available in PDF, EPUB and Kindle. This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.
Damages in Investor-state Arbitration
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. 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.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
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.
