Substantive Law in Investment Treaty Arbitration. The Unsettled Relationship between International Law and Municipal Law

Arbitration Law

Autor:
Sasson Monique

Law

Editura / Producator:
Kluwer Law

Pret : 849.00 lei

9789041132239
Data aparitiei: 03 Iun 2010
Nr pagini : 304

Detalii Substantive Law in Investment Treaty Arbitration. The Unsettled Relationship between International Law and Municipal Law

Substantive Law in Investment Treaty Arbitration. The Unsettled Relationship between International Law and Municipal Law

The difficult coexistence of municipal law and international law is nowhere more evident than in the context of investment treaty disputes. Investment treaty arbitral tribunals commonly address, as a matter of international law, an alleged breach of a contract (or other legal obligation concerning an investment) that is often regulated by municipal law. However, there is no selfcontained legal system that provides substantive rules of direct applicability for these tribunals. In practice, approaches range from complete exclusion of municipal law to complete reliance on municipal law.

While the former has no defensible foundation in international law, an absolute renvoi to municipal law runs afoul of the principle that international law governs the characterization of an internationally wrongful act.

Arguing that international investment law requires a more nuanced consideration of the role of municipal law than many arbitral tribunals have implemented to date, this book provides a detailed, systematic approach to the interplay of municipal law and international law in investment disputes. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the questions addressed are the following:

• If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted?

• In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law?

• Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company?

• May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes?

• Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim?

The book’s chapters answer these and other investment law questions in depth, drawing on analyses of the issues and implications in arbitral decisions. This work will be welcomed by arbitrators, arbitration counsel, corporate counsel, and scholars of international arbitration.

Clientii au mai comandat:

Yearbook Commercial Arbitration Volume XXXV 2010

1491.00 lei

Detalii

The Freshfields Guide To Arbitration Clauses in International Contracts. 3rd edition

310.00 lei

Detalii

International Intellectual Property Arbitration

907.00 lei

Detalii

Arbitration Advocacy in Changing Times

760.00 lei

Detalii

Pe aceeasi tematica: Arbitration Law

390.00 lei

Detalii

State Liability in Investment Treaty Arbitration. Global Constitutional and Administrative Law in the BIT Generation

State Liability in Investment Treaty Arbitration. Global Constitutional and Administrative Law in the BIT GenerationToday there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages agains...

550.00 lei

Detalii

Latin American Investment Treaty Arbitration. The Controversies and Conflicts

Latin American Investment Treaty Arbitration. The Controversies and ConflictsNowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America. Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the 1...

534.00 lei

Detalii

Liability Insurance in International Arbitration. The Bermuda Form

Liability Insurance in International Arbitration. The Bermuda Form The Bermuda Form excess insurance policy covers liabilities for catastrophes such as serious explosions or mass tort litigation. It is an ‘occurrence reported’ policy developed in the 1980’s by two Bermudian insurance companies,Ace and...

725.00 lei

Detalii

The Backlash Against Investment Arbitration

The Backlash Against Investment ArbitrationOne may debate whether the tremors of a systemic crisis in investment arbitration are real, and, if so, of a great enough magnitude to shake its foundations, but it is no longer possible to deny that the current system is coming under intensive scrutiny. International lawye...

715.00 lei

Detalii

New Horizons for International Commercial Arbitration and Beyond

New Horizons for International Commercial Arbitration and BeyondICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both th...

470.00 lei

Detalii

Congress Series: International Arbitration and National Courts: The Never Ending Story, ICCA International Arbitration Conference, New Delhi, 2000

Congress Series: International Arbitration and National Courts: The Never Ending Story, ICCA International Arbitration Conference, New Delhi, 2000The relationship of national courts and arbitration has been improved by the 1958 New York Convention, arbitration legislation based on the highly successful UNCITRAL Model L...

Contul meu

» Autentificare
» Cont nou
» Am uitat parola

Reducerea zilei