Arbitrating Foreign Investment Disputes

Front Cover
Norbert 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
Index
525
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