Let Us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes - 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 Let Us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes write by Szilárd Gáspár Szilágyi. This book was released on 2020. Let Us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes available in PDF, EPUB and Kindle. This overview illustrates that there is a gap in our knowledge of how domestic courts handle investor-state disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating investment treaty arbitration. Subject matter-wise these cases are very diverse and not all of them are initiated by investors against the host State. Moreover, in the four countries analysed investors often appealed to the highest courts of the land, but they lost more cases than they won. These findings should help UNCITRAL Working Group III conceptualize the meaning of 'investor-state dispute' and the relationship between domestic and international methods of ISDS. It concludes by inviting further empirical research to understand how domestic courts handle investor-state disputes. This in turn can help us develop normative arguments as to why domestic courts should be included in the reform process.
Role of Domestic Courts in the Settlement of Investor-State Disputes
Role of Domestic Courts in the Settlement of Investor-State Disputes - 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 Role of Domestic Courts in the Settlement of Investor-State Disputes write by A. Saravanan. This book was released on 2020-10-28. Role of Domestic Courts in the Settlement of Investor-State Disputes available in PDF, EPUB and Kindle. This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword: “One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like...” - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA
Investor-State Dispute Settlement and National Courts
Investor-State Dispute Settlement and National Courts - 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 Dispute Settlement and National Courts write by Gabrielle Kaufmann-Kohler. This book was released on 2020-01-01. Investor-State Dispute Settlement and National Courts available in PDF, EPUB and Kindle. This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
The Use of Commercial Arbitration Rules in Investment Treaty Disputes
The Use of Commercial Arbitration Rules in Investment Treaty Disputes - 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 Use of Commercial Arbitration Rules in Investment Treaty Disputes write by Joel Dahlquist. This book was released on 2021-03-15. The Use of Commercial Arbitration Rules in Investment Treaty Disputes available in PDF, EPUB and Kindle. Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Schreuer's Commentary on the ICSID Convention
Schreuer's Commentary on the ICSID Convention - 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 Schreuer's Commentary on the ICSID Convention write by Stephan W. Schill. This book was released on 2021-08-19. Schreuer's Commentary on the ICSID Convention available in PDF, EPUB and Kindle. This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
