Arbitrating Foreign Investment Disputes

by Horn, Norbert

• ISBN13: 9789041122933
• ISBN10: 9041122931
• Format: Hardcover
• Copyright: 2004-10-01
• Publisher: Kluwer Law Intl

Summary

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.

Table of Contents

Foreword	p. v
Summary Table of Contents	p. vii
Contents	p. xi
List of Abbreviations	p. xxv
The Basic Framework of Investment Protection	p. 1
Arbitration and the Protection of Foreign Investment: Concepts and Means	p. 3
Political, Economic and Cultural Obstacles to Effective Arbitration of Foreign Investment Disputes	p. 33
Towards a Global Treaty on Foreign Investment: The Search for a Grand Bargain	p. 51
An 'Environmental' Approach to FDI and Effective Dispute Resolution: The Exhortations of the Monterrey Consensus	p. 89
The World Bank and Investment Protection: A Question of Accountability	p. 111
Key Notions and Examples	p. 143
Indirect Expropriation in Investment Treaty Arbitrations	p. 145
Saving Oscar Chin: Non-Discrimination in International Investment Law	p. 159
Investment Arbitration Under the Energy Charter Treaty: An Overview of Selected Key Issues based on Recent Litigation Experience	p. 193
Case Study under NAFTA: Lessons for the Wise?	p. 237
Arbitrating Foreign Investment Disputes	p. 265
ICSID Arbitration: Special Features and Recent Developments	p. 267
The Notion of 'Investment' in International Investment Arbitration	p. 283
Contract and Treaty Claims and Choice of Forum in Foreign Investment Disputes	p. 325
ICSID Jurisdiction: The Relationship of Contracting States to Sub-States Entities	p. 353
State Immunity in the Arbitral Process	p. 387
Particular Problems of Foreign Investment Contracts	p. 399
The Law Applicable to International Investment Disputes	p. 401
The Renegotiation and Adaptation of Investment Contracts	p. 425
Corrupt Practices in the Foreign Investment Context: Contractual and Procedural Aspects	p. 471
Table of Decisions	p. 503
Table of Awards	p. 513
Index	p. 525
Table of Contents provided by Rittenhouse. All Rights Reserved.