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Book
xlvii, 360 pages ; 26 cm.
  • United States of America
  • England and Wales
  • Germany
  • European Union
  • Comparison : similarities and differences in the laws on attorney-client privilege
  • Seeking inspiration from judicial and administrative proceedings for the arbitral context
  • Applicable privilege standard in international commercial arbitration
  • Applicable privilege standard in investor-state arbitration and comparison with international commercial arbitration
  • Devising rules for attorney-client privilege in international arbitration : a draft proposal.
Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.
(source: Nielsen Book Data)9780198795865 20170502
Law Library (Crown)
Book
xli, 556 pages ; 25 cm.
  • Introduction
  • The function of compensation and damages
  • Valuation standards and criteria
  • International valuation standards, bases of value, and valuation approaches
  • Methods of valuation in international practice
  • Interest
  • Conclusions.
Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings.
(source: Nielsen Book Data)9780198749936 20170814
Law Library (Crown)
Book
xxxviii, 326 pages ; 25 cm.
  • Introduction
  • The doctrine of res judicata in domestic laws
  • The doctrine of res judicata in international law
  • Res judicata issues arise in international commercial arbitration
  • Res judicata in international commercial arbitration : a problem
  • Search for an appropriate approach
  • Transnational res judicata principles for international commercial arbitral tribunals
  • Conclusion.
Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal be conclusive and that it should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation, while part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides actionable solutions. The book determines the key features of the doctrine of res judicata in the laws of England, the United States, France, and Switzerland, as representative of the common law system on the one hand and the civil law system on the other hand. The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals. The aim of the work is to demonstrate how transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. The analysis looks at how the doctrine should be applied by international commercial arbitral tribunals in their relations with other arbitral tribunals or state courts, and within the arbitral proceedings pending before them. The work sets out the transnational principles in the form of guidelines for international arbitrators.
(source: Nielsen Book Data)9780198715610 20160802
Law Library (Crown)
Book
xxvii, 328 pages ; 26 cm.
  • Arbitrating transnational corruption
  • The nature of transnational corruption
  • A typology of corruption in foreign investment
  • International efforts to combat corruption in foreign investment
  • The scope of inquiry : treaty vs. contract 'investment arbitration'
  • The cases
  • Emergent trends
  • Mere corruption? On the reluctance to decide corruption issues
  • Proving corruption
  • State responsibility for corruption : the attribution asymmetry
  • Legal and policy tensions underlying anti-corruption decision-making.
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
(source: Nielsen Book Data)9780198714262 20160617
Law Library (Crown)
Book
xxiv, 357 p. ; 26 cm.
  • Function, role, and importance of damages law
  • The complex long-term contract
  • Damages claims for breach of contract under comparative and transnational law
  • Analysing, framing, and proving a damages claim
  • Valuation of damages in international arbitration
  • Interest, currency and exchange rate fluctuations, and cost of arbitration.
Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs. Specialist evidence is relied on to complete composite calculations, taking into account such evasive factors as the destruction of market value, uncertainty of future revenues, projected interest rate changes, and lost dividends. The lack of understanding of the underlying considerations, methods such as "splitting the baby", or dogmas such as the misinterpreted "efficient breach of contract", combined with the already high level of burden of proof, can make successful damages claims or properly reasoned awards difficult to achieve. This book provides in-depth analysis of the legal, financial, and economic issues involved in the preparation of claims and arbitral awards for damages and loss of income, for the breach of complex long-term contracts in international arbitration. The authors address matters such as the but-for method and the reconstruction of the hypothetical course of events as well as the quantification of damages. It provides a detailed coverage of issues arising when structuring, arbitrating, or making an award on damages, making it a valuable reference for practitioners in the field. It includes a number of leading cases (including commercial and investment arbitrations), focusing on the damages analysis for breach of contract.
(source: Nielsen Book Data)9780199680672 20160614
Law Library (Crown)
Book
xxxix, 261 pages : illustrations ; 25 cm.
  • Introduction and delimitation of the subject
  • Characteristics of the international investment framework
  • Determining the jurisdictions of competing forums in the context of investment disputes
  • Mechanisms for the coordination of multiple investment proceedings
  • Hierarchy as coordinative mechanism in investment treaty arbitration
  • The application of Lis Pendens and Res Judicata in investment treaty arbitration
  • Overarching principles for the coordination of multiple proceedings
  • Summary of results and outlook.
This is the first systematic analysis of multiple proceedings arising from investor-state disputes, including proceedings before multiple arbitral tribunals, the domestic courts of host states, and other forums such as the European Court of Human Rights. It seeks to identify clear, predictable, and sensible coordination mechanisms and to suggest an application of these mechanisms that reduces jurisdictional fragmentation, jurisdictional competition, and the potential for abuse of the complexities of the system of international investment protection. The author explains how uncertainty in the area extends to several issues: there are doubts as to which forums have jurisdiction over a dispute and to what questions exactly this jurisdiction extends; there are doubts as to the mechanisms that should be applied to coordinate multiple proceedings (including consolidation, hierarchical coordination mechanisms, lis pendens and res judicata, and general principles of comity and prohibition of abuse of process) and how these mechanisms relate to each other; there are also doubts as to the law applicable to coordination mechanisms and the specifics of their application. The book begins with an examination of the characteristics of the international investment framework that frequently lead to multiple proceedings. It then addresses the issue of determining jurisdiction, a prerequisite for the application of any mechanism for further coordination. The author goes on to examine the role of agreed coordination (such as the consolidation of proceedings) versus 'default' coordination mechanisms; the role of hierarchy of forums in coordination, which he argues is relevant when coordinating treaty proceedings on the one hand and non-treaty proceedings on the other; the principles of lis pendens and res judicata, which he argues apply only under limited circumstances; and concludes with the establishment of guidelines regarding the application of the principles of comity and the prohibition of abuse of process. This inherently practical subject is exclusively concerned with the existing law and seeks to provide serviceable solutions to the uncertainty facing practitioners and scholars in the current climate of investment law.
(source: Nielsen Book Data)9780199684861 20160612
Law Library (Crown)
Book
xxiv, 305 pages ; 26 cm.
  • Introduction
  • Article 52 of the ICSID convention
  • Finality of ICSID awards
  • Additional considerations regarding the ICSID annulment mechanism
  • Improper constitution of tribunal
  • Manifest excess of powers
  • Corruption of one of the members of the tribunal
  • Serious departure from a fundamental rule of procedure
  • Failure to state reasons on which the award is based
  • Scope of annulment regarding specific issues
  • Annulment procedure
  • Stay of enforcement and guarantees
  • Comparison with other annulment mechanisms
  • Proposals to modify the ICSID annulment mechanism.
The book systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far as well as the publications on the issue. Organised to suit the needs of the practitioner, it outlines the recent trends in the area, providing the most up to date analysis of the subject. It also addresses key topics involving ICSID annulment such as the procedural issues which frequently arise in this type of proceedings, for example admissability of new evidence and arguments in annulment proceedings, res judicata in resubmitted cases. The sections on each ground for annulment include an analysis of the applicable standard as well as a detailed description and study of each annulment decision that addressed the respective ground, creating an authoritative and complete resource.
(source: Nielsen Book Data)9780199653744 20160610
Law Library (Crown)
Book
xlviii, 366 p. ; 25 cm.
  • Introduction -- PART I: THE CONSENSUAL NATURE OF ARBITRATION -- 2. The evolution of arbitration and its consensual nature -- 3. Capacity, restrictions, and limitations to consent to arbitration -- 4. The juridical nature of arbitration with particular regard to its consensual nature -- 5. The multiple facets of consent to arbitration and the determination of jurisdiction -- PART II: CONSENT IN COMMERCIAL ARBITRATION -- 6. The valid reaching of mutual consent to arbitration -- 7. Scope and interpretation of consent to arbitration -- 8. Consent to arbitration with a perceived reduced consensual character -- 9. Extension of consent to arbitration -- 10. Consent to arbitration related to procedural mechanisms -- PART III: CONSENT IN INVESTMENT ARBITRATION -- 11. Expression and reaching of consent to arbitration -- 12. The applicable law and interpretation of consent -- 13. Consent and the jurisdiction -- 14. The scope of consent in investment arbitration -- 15. Conclusion -- BIBLIOGRAPHY -- INDEX.
  • (source: Nielsen Book Data)9780199698158 20160609
Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
(source: Nielsen Book Data)9780199698158 20160609
Law Library (Crown)
Book
xlix, 262 pages ; 25 cm.
  • Introduction
  • Treaty interpretation : history and background
  • The general rule of treaty interpretation
  • Supplementary means of treaty interpretation
  • Non-codified means of interpretation
  • Interpretation jurisprudence particular to investment arbitration
  • Conclusion.
The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _.
(source: Nielsen Book Data)9780199641475 20160607
Law Library (Crown)
Book
xl, 290 p. ; 26 cm.
  • 1. INTRODUCTION: SETTING THE FRAMEWORK OF THE DISCUSSION -- a The Issue -- b Scope and Limitation -- c Existing Literature and Contribution of the Work -- d Structure of the Work -- e Final Remarks -- I:LEGAL BASES FOR THIRD-PARTY CLAIMS I: TRADITIONAL THEORIES OF CONTRACT AND CORPORATE LAW, TERMS IN ARBITRATION CLAUSES, RULES AND LAWS -- 2. Third-Party Claims Pursuant to Traditional Theories of Contract and Corporate Law -- a Assignment and Other Forms of Transfer, Including the Cases of Bills of Lading, Subrogation, Merger and Transfer of Debt -- b Representation: Agency and Apparent Authority -- c Third-Party Beneficiary -- d Incorporation by Reference -- e Third Party Claims Pursuant to Principles of Corporate Law -- f The 'Grey Area': Third Party Situations that Fall Short of Privity and will not Normally Allow for Third-Party Claims -- 3. Further Legal Bases for Third-Party Claims: Arbitration Agreements, and Arbitration Rules and Laws -- a Arbitration Agreements Allowing for Third-Party Claims -- b Third-Party Claims Based on Institutional Rules and Arbitration Laws -- II. LEGAL BASES FOR THIRD-PARTY CLAIMS II: IMPLIED CONSENT AND NON-SIGNATORY THEORIES -- 4. The Doctrine of Arbitral Estoppel -- a Overview of the Doctrine -- b The Two Alternative Versions of the Doctrine of Arbitration Estoppel -- c Does Arbitral Estoppel Depart from the Consensual Origins of Arbitration? -- d Concluding Observations on the Arbitral Estoppel Doctrine -- 5. The Doctrine of Group of Companies -- a Overview of the Doctrine -- b Legal Basis of the Doctrine -- c Conditions for Application of the Doctrine -- d Applicable Law -- e The Theories of Alter Ego, Lifting teh Corporate Veil, and Group of Companies: Similarities and Distinctions -- 6. Critique on the 'Non-Signatory Theories' and the Contractual Approach to Third Parties -- a Interrelatedness of the Theories Concerning Non-signatory Parties -- b Positive Contribution of Non-Signatory Theories -- c Conceptual Limitations of the Non-Signatory Theories -- d Conclusions on the Non-Signatory Theories and Conceptual Approach -- III. A JURISDICTIONAL APPROACH TO THE DISCUSSION ON ARBITRATIOIN AND THIRD PARTIES -- 7. Why and Under Which Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim -- a Disputes before a Tribunal may Affect the Jurisidictional Position of Third Parties -- b Tribunals may Assume Jurisdiction over Third-Party Claims that are Inseperable from the Main Dispute in Arbitration Proceedings -- c Rectifying the Artificial Discepancy between Commercial Reality and the Scope of Arbitration Proceedings -- d Summing up the Jurisdictional Approach -- e 'Third-Party' Claims Put Forward by A Party in Arbitration-- The Peterson Farms Scenario -- 8. When a Tribunal Should Assume Jurisdiction Over a Third-Party Claim -- a Exercising its Discretion: When should a Tribunal Assume Jurisdiction over a Third-Party Claim -- b Further Issues in Relation to the Jurisdictional Approach -- c Advantages of the Jurisdictional Approach and Concluding Remarks -- IV. ARBITRAL AWARDS AND THIRD PARTIES -- 9. The Legal Effects of Arbitral Awards -- a The Arbitral Effect -- b The Current Legal Framework of Arbitral Effect -- c Arbitral Awards and Third Parties -- d The 'Same Parties' Requirement: Rule and Exceptions -- e Why the Current Legal Framework does not Work: The need for a Broader Third-Party Effect -- 10. The Suggested Third-Party effect of Arbitral Awards -- a Content and Characteristics of the Suggested Third-Party Effect of Arbitral Awards -- b Examples of Third-Party Effect of Arbitral Awards in Case Law -- c Distinction between Third-Party Effect and Res Judicata -- d Relevant Factors and Circumstances for the Application of the Third-Party Effect -- e Parties Able to Can Rely on a Previous Arbitral Award -- 11. Special Issues on the Effect of Arbitral Awards -- a Should the Effect of an Arbitral Award Depend on the Previous Review by the Second Forum in Terms of Procedure -- b Contractual Obligation of a Third Party to be Bound by an Award -- c Which Law should Govern the Effects of an International Award -- 12. Summary of Findings -- a Arbitration Agreement and Third Parties -- b Arbitration Awards and Third Parties.
  • (source: Nielsen Book Data)9780199572083 20160606
The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties not bound by an arbitration agreement are seen to be excluded from the process, even if they clearly maintain a legal or financial interest in a dispute between other persons who are bound by an arbitration clause. Third Parties in International Commercial Arbitration considers the role of third parties in arbitration agreements and proceedings and in arbitral awards and covers significant theoretical and practical questions. These questions include: which is the proper party in arbitration; whether a tribunal can assume jurisdiction over claims by or against a party that is not designated in the arbitration clause (third-party claims); whether a party can rely on the findings of a previous arbitral award in subsequent proceedings against a third party; and whether a third party to an arbitral award can rely on its findings in proceedings against a party to the award. Adopting a comparative, international approach, third-party claims are discussed in relation to many areas such as assignment and other forms of transfer; agency (actual and apparent) and representation; third-party beneficiary; incorporation by reference; corporations and partnerships; in guarantees and other security agreements; construction contracts and string contracts; arbitral estoppel; group of companies and alter ego; implied consent and consent by conduct; name-borrowing; third parties claiming through or under an arbitration clause or several compatible arbitration clauses. The book also discusses issues about arbitral effect (res judicata and issue estoppel) and third parties. In Third Parties in International Commercial Arbitration Brekoulakis consolidates the discussion on issues where reasonable agreement among scholars and tribunals exists, but at the same time proceeds to identify those areas that require further convergence. He examines and classifies all the existing theories and legal bases on third-party claims in clearly defined groups and puts forward a new systematic approach to the discussion to be used as an alternative to the existing theories.
(source: Nielsen Book Data)9780199572083 20160606
Law Library (Crown)
Book
xxviii, 429 p. ; 25 cm.
  • 1. Introduction-- 2. The Function of Compensation and Damages in International Law-- 3. Valuation Standards and Criteria-- 4. Valuation in Economic Practice-- 5. Valuation Methods in International Jurisprudence-- 6. Interest-- 7. Conclusion and Results.
  • (source: Nielsen Book Data)9780199551712 20160528
This title will analyse the practice of international courts and tribunals to the valuation of investment claims against states. It pays specific attention to the question of interest. Specific guidance on how valuation issues should be approached will be invaluable to counsel, advisors, judges and arbitrators in international judicial proceedings. This issue of valuation represents one of the most important aspects in international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of quantum. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase of international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. However, until recently, the issue of valuation has attracted rather little attention both in international jurisprudence and legal writing. The present book now meets the needs of foreign investors and host States by setting the issue of valuation on a more solid ground.It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges and arbitrators in international judicial proceedings.
(source: Nielsen Book Data)9780199551712 20160528
Law Library (Crown)
Book
lix, 592 p. ; 26 cm.
  • 1. International Investment in China and the BIT programme-- 2. Scope and Definition-- 3. Fair and Equitable Treatment-- 4. Non-discrimination Treatment-- 5. Monetary Transfer-- 6. Umbrella Clause and Investment Contract-- 7. Expropriation-- 8. Settlement of State-Investor Disputes-- 9. Conclusions: Towards a New Model Investment Treaty for China-- Appendix I LIST OF SIGNED CHINESE BITS (AS OF JULY 2008)-- Appendix II Chinese Model BIT Version I-- Appendix III Chinese Model BIT Version II-- Appendix IV Chinese Model BIT Version III (Current)-- Appendix V Draft New Model BIT-- Appendix VI Representative Chinese BITs-- (a) Sweden BIT 1982-- (b) UK BIT 1986-- (c) Australia BIT 1988-- (d) Japan BIT 1988-- (e) Korea BIT 1992-- (f) Netherlands BIT 2001-- (g) Germany BIT 2003-- (h) Russia BIT 2006-- (i) Seychelles BIT 2007-- (j) Mexico BIT 2008-- (k) New Zealand Free Trade Agreement 2008, Chapter 11-- Appendix VII ICSID Convention-- Appendix VIII China>'s Notification of Class of Dispute to the ICSID.
  • (source: Nielsen Book Data)9780199230259 20160528
China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs. Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment.It will consider the current role of investment treaties in China's foreign economic policy, analyse and interpret the key provisions of the BITs, and discuss the future agenda of China's investment programme. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.
(source: Nielsen Book Data)9780199230259 20160528
Law Library (Crown)
Book
lix, 592 p. : ill. ; 26 cm.
  • 1. International Investment in China and the BIT programme-- 2. Scope and Definition-- 3. Fair and Equitable Treatment-- 4. Non-discrimination Treatment-- 5. Monetary Transfer-- 6. Umbrella Clause and Investment Contract-- 7. Expropriation-- 8. Settlement of State-Investor Disputes-- 9. Conclusions: Towards a New Model Investment Treaty for China-- Appendix I LIST OF SIGNED CHINESE BITS (AS OF JULY 2008)-- Appendix II Chinese Model BIT Version I-- Appendix III Chinese Model BIT Version II-- Appendix IV Chinese Model BIT Version III (Current)-- Appendix V Draft New Model BIT-- Appendix VI Representative Chinese BITs-- (a) Sweden BIT 1982-- (b) UK BIT 1986-- (c) Australia BIT 1988-- (d) Japan BIT 1988-- (e) Korea BIT 1992-- (f) Netherlands BIT 2001-- (g) Germany BIT 2003-- (h) Russia BIT 2006-- (i) Seychelles BIT 2007-- (j) Mexico BIT 2008-- (k) New Zealand Free Trade Agreement 2008, Chapter 11-- Appendix VII ICSID Convention-- Appendix VIII China>'s Notification of Class of Dispute to the ICSID.
  • (source: Nielsen Book Data)9780199230259 20160528
China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs. Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment.It will consider the current role of investment treaties in China's foreign economic policy, analyse and interpret the key provisions of the BITs, and discuss the future agenda of China's investment programme. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.
(source: Nielsen Book Data)9780199230259 20160528
Green Library
Book
l, 474 p. ; 26 cm.
  • 1. Overview-- 2. Legal Basis of Investment Arbitrations-- 3. Parallel Proceedings-- 4. Nationality-- 5. Definition of Investment-- 6. Investors' Rights-- 7. Expropriation-- 8. Compensation-- APPENDICES-- NAFTA Chapter 11-- ECT Investment Provisions-- Agreement on the ASEAN Investment Area-- UK Model BIT-- US 1994 and 2004 Model BITs-- Germany Model BIT-- Netherlands Model BIT-- Sri Lanka Model BIT-- France Model BIT-- Chapter II of the ICSID Convention-- World Bank Investment Guidelines.
  • (source: Nielsen Book Data)9780199286645 20160528
Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification. International Investment Arbitration:Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights; expropriation; compensation and remedies. As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, and benefiting from the public and private International law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.
(source: Nielsen Book Data)9780199286645 20160528
Law Library (Crown)
Book
li, 567 pages ; 25 cm.
  • PART I: PRELIMINARY MATTERS-- PART II: TRUST ARBITRATION AT THE INSTITUTIONAL LEVEL-- PART III: TRUST ARBITRATION AS A MATTER OF DOMESTIC LAW-- PART IV: TRUST ARBITRATION AS A MATTER OF INTERNATIONAL LAW-- PART V: CONCLUDING THOUGHTS.
  • (source: Nielsen Book Data)9780198759829 20170321
In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.
(source: Nielsen Book Data)9780198759829 20170321
Law Library (Crown)

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