Arbitrating Foreign Investment DisputesNorbert Horn, Stefan Kroll, Stefan Michael Kröll Kluwer Law International B.V., 2004 M01 1 - 535 pages Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world. |
Contents
LESSONS | 13 |
D | 19 |
D | 29 |
ROGER W ROSENDAHL | 33 |
THE EVOLVING ROLE OF INTERNATIONAL ARBITRATION | 35 |
ENRON MEETS ITS MATCH | 42 |
ADVANTAGES OF SELFHELP | 48 |
JESWALD W SALACUSE | 51 |
CHAPTER 11S CONTRIBUTION TO THE MEANING | 254 |
M | 267 |
RECENT DEVELOPMENTS AT ICSID | 279 |
NOAH RUBINS | 283 |
CASE LAW AND SALIENT PROBLEMS | 300 |
CONCLUSION | 323 |
CREMADES AND DAVID J A CAIRNS | 325 |
THE CONTENT OF TREATY RIGHTS | 337 |
THE BILATERAL INVESTMENT TREATY MOVEMENT | 54 |
8 | 68 |
THE MOVEMENT TOWARDS REGIONAL | 75 |
THE SEARCH FOR A GLOBAL TREATY CONTINUES | 85 |
JOSEPH J NORTON | 89 |
MOBILIZATION OF RESOURCES | 93 |
INVESTMENT DISPUTES SETTLEMENT | 102 |
HEBA SHAMS | 111 |
WORLD BANK LEGALITY AND INVESTMENT | 126 |
CONCLUSION | 141 |
JAN PAULSSON AND ZACHARY DOUGLAS | 145 |
THE DISTINCTION BETWEEN A TAKING AND | 148 |
UNCOMPENSABLE REGULATION VERSUS INDIRECT | 154 |
TODD WEILER | 159 |
THE STORY OF OSCAR CHIN | 160 |
THE ABSOLUTE PROHIBITION | 176 |
THE ORIGINAL RESULT FOR OSCAR CHIN | 184 |
CONCLUSION | 191 |
THOMAS W WÄLDE | 193 |
SOME COMMENTS ON KEY INVESTMENT DISCIPLINES OF THE | 200 |
ATTRIBUTION ART 22 ECT | 226 |
INVESTMENT AND FLOWTHROUGH | 232 |
DON WALLACE | 237 |
LOEWEN V UNITED STATES OF AMERICA | 243 |
CONCLUSION | 351 |
CLIFFORD LARSEN | 353 |
COMPARATIVE ANALYSIS | 376 |
DRAFTING CONSIDERATIONS | 384 |
MEESSEN | 387 |
LESSONS FOR THE FUTURE | 396 |
RICHARD H KREINDLER | 401 |
THE AUTONOMY OF THE PARTIES IN INTERNATIONAL | 402 |
STEFAN KRÖLL | 425 |
OVERVIEW OF THE REQUESTS FOR RENEGOTIATION | 426 |
THE DIFFERENT SCENARIOS RESULTING FROM | 433 |
2 | 445 |
CONTRACTS WITHOUT ANY ADAPTATION CLAUSE | 458 |
4 | 464 |
CONCLUSION | 469 |
HILMAR RAESCHKEKESSLER | 471 |
CONTRACTUAL ASPECTS | 477 |
PROCEDURAL ASPECTS | 491 |
CONCLUSION | 501 |
Table of Decisions | 503 |
Table of Awards | 513 |
525 | |
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Arbitrating Foreign Investment Disputes Norbert Horn,Stefan Kroll,Stefan Michael Kröll Limited preview - 2004 |
Common terms and phrases
alleged annulment applicable arbitral awards arbitral proceedings arbitral tribunal Argentine Article bilateral investment treaties breach Chapter 11 claimant compensation Concession Contract Constituent Subdivision constitute corruption customary international law Czech Republic decision developing countries dispute resolution dispute settlement domestic courts economic effect Energy Charter Treaty enforcement enterprise entity expropriation fair and equitable favourable foreign direct investment foreign investment Foreign Investment Disputes global governmental Himpurna host country ICSID arbitration ICSID Convention ICSID jurisdiction ICSID Rev Indonesian international arbitration Intl Arb investment agreement investment arbitration investment contracts investment protection investor issue Loewen Maffezini measures Metalclad Methanex Monterrey Consensus multilateral NAFTA national treatment negotiations obligations political Pope & Talbot principle procedures relevant renegotiation rules sector Settlement of Investment SODIGA standard supra note Tucumán UNCITRAL United Washington Convention World Bank YBCA