Sale!

Arbitration under International Investment Agreements A Guide to the Key Issues 1st edition by Katia Yannaca Small ISBN 9780191075582 0191075582

Original price was: $70.00.Current price is: $24.99.

Instant download Arbitration under International Investment Agreements A Guide to the Key Issues Yannaca Small Katia (Editor) after payment

SKU: EB_115100 Category:

Arbitration under International Investment Agreements A Guide to the Key Issues 1st edition by Katia Yannaca  Small- Ebook PDF Instant Download/Delivery:9780191075582, 0191075582

Instant download Full Chapter of Arbitration under International Investment Agreements A Guide to the Key Issues 1st edition after payment

Product details:

ISBN 10: 0191075582
ISBN 13: 9780191075582
Author:  Katia Yannaca Small

Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law.

Table of contents:

Part I: Investment Treaties and the Settlement of Investment Disputes: The Framework

  1. Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements

    • Introduction
    • Shift from Investment Protection to Liberalization
    • Impact of Investor-State Dispute Settlement

  2. The Energy Charter Treaty

    • Introduction
    • Making of the Energy Charter Treaty
    • Key Provisions and Dispute Settlement
    • Conclusion

  3. International Investment Dispute Settlement Mechanisms

    • Introduction
    • Institutionally Supported Arbitration
    • Selected Procedural Issues
    • Conclusion

  4. The Role of Precedent in Investment Treaty Arbitration

    • Introduction
    • Legal Status of Precedents
    • Conclusion

Part II: Guide to Key Preliminary and Procedural Issues

  1. Overview of Procedure in Investment Treaty Arbitration

    • Introduction
    • Preparation of the Case
    • Written Submissions
    • Conclusion

  2. Aspects of Procedure for Institution of Proceedings

    • Introduction
    • Initiation of Proceedings
    • Establishment of the Arbitral Tribunal
    • Conclusion

  3. The Fate of Frivolous and Unmeritorious Claims

    • Introduction
    • Treatment under Agreements
    • Conclusion

  4. Challenges of Arbitrators in Investment Arbitration

    • Introduction
    • Role of Institutions
    • Conclusion

  5. Piercing the Veil of Confidentiality

    • Introduction
    • Public Access to Documents
    • Conclusion

Part III: Guide to Key Jurisdictional Issues

  1. Who is Entitled to Claim?

    • Introduction
    • Natural and Legal Persons as Investors
    • Conclusion

  2. The Meaning of ‘Investment’

    • Introduction
    • Definitions and Jurisprudence
    • Conclusion

  3. Bifurcation of Investment Disputes

    • Introduction
    • Framework under Arbitral Rules
    • Conclusion

  4. Burden and Standard of Proof at the Jurisdictional Stage

    • Introduction
    • Burdens of Proof
    • Conclusion

  5. Attribution: State Organs and Entities

    • Introduction
    • What Are State Organs?
    • Conclusion

  6. Breach of Treaty and Breach of Contract Claims

    • Introduction
    • Jurisdiction Issues
    • Conclusion

  7. The Umbrella Clause

    • Introduction
    • History and Significance
    • Conclusion

  8. Counterclaims in Investment Treaty Arbitration

    • Introduction
    • ICSID and UNCITRAL Rules
    • Conclusion

  9. The State’s Corruption Defence

    • Introduction
    • Anti-corruption Norms
    • Conclusion

Part IV: Guide to Key Substantive Issues

  1. The Law Applicable in Investment Treaty Arbitration

    • Introduction
    • Choice of Law
    • Conclusion

  2. Fair and Equitable Treatment

    • Introduction
    • Normative Content
    • Conclusion

  3. The National Treatment Obligation

    • Introduction
    • National Treatment in Practice
    • Conclusion

  4. Indirect Expropriation and the Right to Regulate

    • Introduction
    • Basic Concepts
    • Conclusion

  5. The MFN Clause and Its Evolving Boundaries

    • Introduction
    • Historical Background
    • Conclusion

Part V: Remedies and Costs

  1. Interim Relief in Investment Treaty Arbitration

    • Introduction
    • Power to Grant Interim Relief
    • Conclusion

  2. Compensation and Damages

    • Introduction
    • Legal Rules and Principles
    • Conclusion

  3. Third-party Funding in Investment Treaty Arbitration

    • Introduction
    • Regulation and Disclosure
    • Conclusion

Part VI: The Post-Award Phase

  1. Annulment of ICSID Awards

    • Introduction
    • Grounds for Annulment
    • Conclusion

  2. Review of Non-ICSID Awards by National Courts

    • Introduction
    • Legal Framework
    • Conclusion

  3. Enforcement of Investment Treaty Awards

    • Introduction
    • Obstacles to Enforcement
    • Conclusion

  4. A Practical Guide: Research Tools in International Investment Law

    • Introduction
    • Arbitral Case Law and Treaties
    • Conclusion

People also search:

what is international investment arbitration
what is an international investment agreement
what is investment treaty arbitration
arbitration investment
investment treaty arbitration and international law

Reviews

There are no reviews yet.

Be the first to review “Arbitration under International Investment Agreements A Guide to the Key Issues 1st edition by Katia Yannaca Small ISBN 9780191075582 0191075582”