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Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.
Investments, foreign --- Investments, Foreign --- International commercial arbitration --- Law and legislation --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- International commercial arbitration. --- Law / international. --- Law and legislation.
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To kommersielle parter inngår en internasjonal kontrakt. Kontrakten er meget detaljert. Den velger en rett som gir partene mulighet til å regulere de involverte interesser fritt. Videre forplikter den partene til å anlegge eventuelle søksmål ved et utenlandsk verneting, eller den velger voldgift. Alt dette kan gi partene illusjoner om at de eneste kilder som er relevante, er kontrakten selv og den valgte retten. Langt på vei er dette riktig, for partenes vilje står sentralt – spesielt i internasjonal voldgift. Men det finnes begrensninger. Én av disse begrensinger er den såkalte ordre public-innsigelse. Innsigelsen begrenser norske domstolers rett og plikt til å anvende utenlandsk rett samt til å anerkjenne og tvangsfullbyrde utenlandske dommer og voldgiftsavgjørelser. Formålet med denne boken er å konkretisere innholdet i ordre public på det forretningsjuridiske område etter norsk rett. Boken redegjør for de internasjonale og interne rammer og vilkår for å påberope seg ordre public. Deretter drøfter boken innsigelsen med utgangspunkt i ulike rettsområder som er relevante for kommersielle kontrakter: konkurranserett, selskapsrett, kreditorvern, kontraktsvilkår om ansvarsfraskrivelse, arbeidsrett og voldgiftsavtaler ved direkte krav.
Public policy (Law) --- International commercial arbitration. --- Conflict of laws --- Contracts. --- Contracts --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Ordre public --- Public order --- Law --- Law and legislation
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In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century , editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Investments, Foreign (International law) --- International commercial arbitration. --- International investment law --- Investment law, International --- International law --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation
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Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.
International commercial arbitration. --- Arbitration and award, International. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- E-books --- Law --- General and Others
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General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
International commercial arbitration. --- Investments, Foreign --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation. --- Law and legislation
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Although investment treaty arbitration has become the most common method for settling investor-state disputes, some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. Many of the recent arbitral awards have determined the boundary between two conflicting values: the legitimate sphere for state regulation in the pursuit of public goods, and the protection of foreign private property from state interference. Can comparative reasoning help adjudicators in interpreting and applying broad and open-ended investment treaty provisions? Can the use of analogies contribute to the current debate over the legitimacy of investor-state arbitration, facilitating the consideration of the commonweal in the same? How should comparisons be made? What are the limits of comparative approaches to investment treaty law and arbitration? This book scrutinises the impact a comparative approach can have on investment law, and identifies a method for drawing sound analogies.
Investments, Foreign --- International commercial arbitration. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation. --- Law and legislation --- Investments, Foreign - Law and legislation
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With the bilingual volume International Investment Law in Latin America: Problems and Prospects , Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo and Paolo Turrini provide a regional perspective on one of the liveliest branches of international law by situating it in one of the most dynamic areas of the world. Latin America has always had an ambivalent relationship with international investment law and, more recently, it has been the home of harsh and resolute criticisms, questioning the ultimate legitimacy of the regime. By bringing together distinguished scholars of this legal field, the volume analyses ongoing trends and draws lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. Con el volumen bilingüe Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo y Paolo Turrini tienen por objetivo proporcionar una perspectiva regional para una de las ramas más vigorosas del derecho internacional, situándola en una de las áreas más dinámicas del mundo. Latinoamérica siempre ha tenido una relación ambivalente con el derecho internacional de inversiones y, más recientemente, ha sido el hogar de duras y decididas críticas en su contra, cuestionando la legitimidad última del régimen. Al reunir a distinguidos estudiosos de este campo legal, tanto de América Latina como de fuera de la región, este volumen analiza esta actual tendencia, extrayendo lecciones de las experiencias pasadas del continente e identificando posibles soluciones a los desafíos importantes que ahora enfrenta.
Investments, Foreign --- Investments, Foreign (International law) --- International commercial arbitration --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- International law --- Law and legislation
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The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
Economic law --- Financial law --- International law --- Investments, Foreign --- Investments, Foreign (International law) --- Arbitration and award, International --- Law and legislation --- investeringen, internationaal --- financiën, internationaal --- recht, financieel --- recht, internationaal --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- International commercial arbitration. --- Law and legislation. --- Investments, Foreign - Law and legislation
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Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Investments, Foreign (International law) --- Arbitration and award. --- International commercial arbitration. --- Investments, Foreign --- Law and legislation. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- International investment law --- Investment law, International --- International law --- Law and legislation
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Launched in 1985, Arbitration International provides quarterly coverage for national and international developments in the world of arbitration. The journal aims to maintain balance between academic debate and practical contributions to the field, providing both topical material on current developments and analytic scholarship of permanent interest.
International commercial arbitration --- Publications périodiques. --- International commercial arbitration. --- Arbitragerecht. --- INTERNATIONAL ARBITRATION. --- Internationale Handelsschiedsgerichtsbarkeit --- Zeitschrift --- Periodikum --- Zeitschriften --- Internationale kaufmännische Schiedsgerichtsbarkeit --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Law and legislation --- Presse --- Fortlaufendes Sammelwerk --- Internationale Schiedsgerichtsbarkeit --- Handelsschiedsgerichtsbarkeit --- Arbitration and award --- Conflict of laws --- Advice and Rights.
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