Arbitration under international investment agreements : a guide to the key issues / / edited by Katia Yannaca-Small

• Record Nr.: UNINA9910453361003321
• Pubbl/distr/stampa: New York : , : Oxford University Press, , 2010; ©2010
• ISBN: 0-19-971260-3
• Descrizione fisica: 1 online resource (790 p.)
• Altri autori (Persone): Yannaca-SmallKatia
• Disciplina: 332.67/3
• Soggetti: Investments, Foreign - Law and legislation; International commercial arbitration; Electronic books.
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Includes index.
• Nota di contenuto: Cover; Contents; Introduction; Part I: Investment Treaties and the Mechanisms Provided for the Settlement of Investment Disputes; 1 Bilateral Investment Treaties and Investment Provisions in Regional Trade Agreements: Recent Developments in Investment Rulemaking; 2 The Energy Charter Treaty; 3 International Dispute Settlement Mechanisms-Choosing Between Institutionally Supported and Ad Hoc; and Between Institutions; Part II: Practical Guide to the Key Procedural Issues; 4 An Overview of Procedure in an Investment Treaty Arbitration; 5 The Initiation of Proceedings and Constitution of Tribunals in Investment Treaty Arbitrations6 Bi-Trifurcation of Investment Disputes; 7 Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investor-State Arbitration; 8 "Equality of Arms" in Investment Arbitration: Procedural Challenges; Part III: Practical Guide to the Key Jurisdictional Issues; 9 The Law Applicable in Investment Treaty Arbitration; 10 Who is Entitled to Claim? Nationality Challenges; 11 Definition of "Investment": An Open-ended Search for a Balanced Approach; 12 Burden of Proof Regarding Jurisdiction13 Attribution; 14 Breach of Treaty Claims and Breach of Contract Claims: Is It Still Unknown Territory?; 15 The MFN Clause: What are its Limits?; Part IV: Practical Guide to the Key Substantive Issues; 16 Fair and Equitable Treatment ; Standard; 17 The National Treatment Obligation; 18 Indirect Expropriation and the Right to Regulate: How to Draw the Line?; 19 What About This "Umbrella Clause"?; Part V: Remedies; 20 Interim Relief in International Investment Agreements; 21 Damages in Investment Treaty Arbitration; 22 Compensation: A Closer Look at Cases Awarding Compensation for Violation of the Fair and Equitable Treatment StandardPart VI: The Post-award Phase; 23 Annulment of ICSID Awards: Limited Scope But is There Potential?; 24 Review of Investment Treaty Awards by Municipal Courts; 25 Enforcement of Investment Awards; 26 The Role of Precedent in Investment Arbitration; A Practical Guide: Research Tools in International Investment Law; Table of Cases; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; R; S; T; U; V; W; Y
• Sommario/riassunto: Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiri