Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments.
Evidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area.
The second edition of International Investment, Political Risk and Dispute Resolution explores the multi-layered legal framework for the protection of foreign investment against political risk.
The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State.
This is the third revised edition of what was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies.
Written by a leading legal researcher, this book offers a comprehensive study of the principle, a frequently invoked but rarely analysed aspect of investment arbitration.
While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest.
The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century.
This is the first text to provide a comprehensive rule-by-rule commentary of the inception, interpretation, and application of the SIAC Rules, written by practitioners with extensive experience in South East Asia arbitrations .
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law.
A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation.
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.
Article 38 of the Statute of the International Court of Justice defines "e;international law"e; to include not only "e;custom"e; and "e;convention"e; between States but also "e;the general principles of law recognized by civilized nations"e; within their municipal legal systems.
International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities.
This revised edition of The History of ICSID details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law.
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations.
Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law.
Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations.
International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities.
General principles of law play an important role in investment arbitraion and can be applied by a tribunal when no treaty provision or rule of customary international law exists regarding a particular issue.
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.
Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce.
New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field.
This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Despite a temporary decline in energy usage and emissions resulting from the confinement policies adopted by many states in response to the Covid-19 pandemic, the world is not on track to meet the Paris Agreement climate change goals.
Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels.
Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society.
The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law.
