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Wto Litigation Investment Arbitration And Commercial Arbitration

Author: Jorge Alberto Huerta-Goldman
Publisher:
ISBN: 9789041146861
Size: 79.75 MB
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La 4ème de couverture indique : "International investment arbitration, commercial arbitration, and WTO litigation are no longer separate and isolated disciplines. Increasingly, the same international trade dispute or set of potentially unlawful measures taken by a State are subject to overlapping substantive rules and standards contained in a WTO treaty, an investment treaty, or a commercial or investment agreement, each covering a different aspect and each providing for different jurisdictions, procedural avenues, substantive standards and remedies. There exists, however, a wide range of 'cross-cutting' issues and points of 'cross-fertilization' between international commercial arbitration, investment arbitration and WTO litigation, which users of these regimes should be aware of. This book deals with the overlap of the three regimes and discusses the resulting advantages and pitfalls. This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including: management of parallel proceedings and role of politics and 'pressure points' within host governments ; selection and appointment of arbitrators, panels and Appellate Body members ; use of experts and economics ; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing 'moral damage'; regimes of review, appeals and annulment; enfoncement systems of awards, implementation of WTO Law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage."

Good Faith And International Economic Law

Author: Andrew D. Mitchell
Publisher: Oxford University Press, USA
ISBN: 0198739796
Size: 68.35 MB
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In international economic law, the principle of good faith has been argued and applied in a highly fragmented and disjointed way, leading to inconsistent decisions by tribunals. This book provides a comprehensive analysis of the principle and practice of good faith, and its relationship with international trade and investment.

Reshaping The Investor State Dispute Settlement System

Author: Jean E. Kalicki
Publisher: Hotei Publishing
ISBN: 9004291105
Size: 30.39 MB
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In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

Internationale Investitionsschiedsverfahren Und Nationale Gerichte

Author: Helene Bubrowski
Publisher: Mohr Siebrek Ek
ISBN: 9783161522413
Size: 39.83 MB
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In den vergangenen zwei Jahrzehnten hat sich die internationale Schiedsgerichtsbarkeit zum zentralen Forum fr die Beilegung von Streitigkeiten zwischen auslndischen Investoren und Gaststaaten entwickelt. Damit ist die Rolle der staatlichen Gerichtsbarkeit aber nicht entfallen. Helene Bubrowski legt vielmehr dar, dass Investitionsschiedsverfahren und nationale Gerichtsverfahren in mannigfaltiger Weise ineinander verzahnt sind: Auf Zustndigkeitsebene besteht ein Konkurrenzverhltnis; vor Beginn eines Schiedsverfahrens stellt sich die Frage nach dem Erfordernis der Rechtswegerschpfung und nach der Rechtskraftwirkung von Gerichtsurteilen; nach Abschluss eines Schiedsverfahrens sind staatliche Gerichte zur Aufhebung und Vollstreckung von Schiedssprchen berufen. Bei der dogmatischen Systematisierung des Verhltnisses der internationalen und nationalen Streitschlichtungsmechanismen nimmt die Autorin auch politische und wirtschaftliche Zusammenhnge in den Blick. Die Arbeit wurde mit dem Osborne Clarke Preis fr Internationales Recht ausgezeichnet.

Retaliation In The Wto Dispute Settlement System

Author: Sherzod Shadikhodjaev
Publisher: Kluwer Law International B.V.
ISBN: 9041128115
Size: 18.36 MB
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"This work provides in-depth legal analysis of the procedural and substantive aspects of retaliation under the WTO dispute settlement system with particular reference to relevant rules and case law. It identifies peculiarities of WTO retaliation as compared with countermeasures of general international law. It examines the retaliation regime under GATT 1947 and the Dispute Settlement Understanding, as well as the special retaliation regime under the Subsidies and Countervailing Measures Agreement. It includes a case study with respect to the calculation of the level of retaliation in Article 22.6/4.11 arbitration. Finally, it explores the gaps in the current retaliation system with regard to both procedural Issues and the matter of efficacy, and analyzes all relevant solutions. In sum, this book Is designed to examine the way the WTO retaliation system works and explore possible Improvements." --Book Jacket.

The Backlash Against Investment Arbitration

Author: Michael Waibel
Publisher: Kluwer Law International B.V.
ISBN: 9041132023
Size: 12.41 MB
Format: PDF
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"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

Regulation Of Energy In International Trade Law

Author: Julia Selivanova
Publisher: Kluwer Law International B.V.
ISBN: 9041132643
Size: 64.84 MB
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Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade - as well as energy-related issues addressed in the current WTO negotiations - the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.

Transparency In International Trade And Investment Dispute Settlement

Author: Junji Nakagawa
Publisher: Routledge
ISBN: 0415528739
Size: 49.41 MB
Format: PDF
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An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement. Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, firstly, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences. The book appeals to both scholars and students interested in international economic law and international relations, as well as lawyers and government officials who deal with international trade and investment regulation.

Fifteen Years Of Nafta Chapter 11 Arbitration

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833769
Size: 29.45 MB
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About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.