Which are the best investment arbitration available in 2022?
We spent many hours on research to finding investment arbitration, reading product features, product specifications for this guide. For those of you who wish to the best investment arbitration, you should not miss this article. investment arbitration coming in a variety of types but also different price range. The following is the top 10 investment arbitration by our suggestions:
Best investment arbitration
1. Procedural Issues in International Investment Arbitration (Oxford International Arbitration Series)
Description
Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration.Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.
2. Evidence in International Investment Arbitration
Description
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 book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes.The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment.
Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.
3. Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Elgar International Investment Law seroes)
Description
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals use of the concepts of proportionality and reasonableness to review the compatibility of a states regulatory actions with its obligations under international investment law.Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations.
This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.
4. Corruption in International Investment Arbitration (Oxford International Arbitration Series)
Description
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
5. International Investment Arbitration: Substantive Principles (Oxford International Arbitration Series)
Description
This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors' achievement in describing and analyzing the volume of law created, applied and analyzed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognized author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it.Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies.
Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. International Investment Arbitration:Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.
6. Judicial Acts and Investment Treaty Arbitration (Cambridge International Trade and Economic Law)
Description
Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.7. Jurisdiction in Investment Treaty Arbitration (English and French Edition)
Description
This book is based on the Conference organized by the IAI in Paris on the topic, which was the first to gather together economists, academics, arbitrators, practitioners and State negotiators in relation to investment treaty arbitration.Jurisdiction in Treaty Investment Arbitration reflects their shared experience and perspective on the three grounds of challenge to the jurisdiction of arbitral tribunals in investment treaty arbitration. Accordingly, the Three Parts of this volume are organized according to the three jurisdictional thresholds that a claimant must cross in order to reach the merits phase of an investment treaty arbitration.
Part I is devoted to Jurisdiction ratione materiae, i.e., the notion of investment . What constitutes an investment? Is there an economic definition of an investment? Is there a legal definition of an investment? What requirements are found in investment treaties? The various aspects of this crucial concept are covered, respectively, by an economist (Vicky Pryce), by international arbitration specialists, be they academics, arbitrators or practitioners (Pierre-Marie Dupuy, Judge Stephen M. Schwebel and Stanimir Alexandrov, Michael Polkinghorne and Peter Turner), and by State representatives experienced in the negotiation and drafting of investment treaties (Christophe Douaire de Bondy for Canada, Roberto Echandi Gurdin for Costa Rica and Jae-Hoon Kim for Korea).
Part II focuses on Jurisdiction ratione personae, namely the definition of the protected investor. Doak Bishop reports on whether there is a standard definition of an investor in investment treaties; Yas Banifatemi discusses the issue of control under denial of benefits clauses, and Professor Genevive Bastid-Burdeau analyses whether there are specific standards of jurisdiction when defining the defendant State.
Part III and last part of the volume is dedicated to Jurisdiction ratione temporis: what is covered in time by the relevant treaty? Veijo Heiskanen examines whether there is a distinction between jurisdiction ratione temporis and substantive protection ratione temporis. Zachary Douglas then focuses on the determination of the critical date in investment treaty arbitration.
The volume also includes the proceedings of the animated debates that followed each session of the Conference.
This volume is required reading for all those involved in the study and practice of investment treaty arbitration.
8. Investment Treaty Arbitration: Problems and Exercises
Description
Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hobr, using a teaching structure proven to be successful.
Key features include:
- extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice
- material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases
- exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis.
The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master's level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.
9. Arbitrating the Conduct of International Investors
Description
Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.10. International Investment Law and Arbitration: Commentary, Awards and other Materials
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