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Arbitration Under International Investment Agreements最新文献

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Part IV Guide to Key Substantive Issues, 20 Fair and Equitable Treatment: Have Its Contours Fully Evolved? 第 IV 部分 《关键实质性问题指南》，20 《公平与公正待遇》：其轮廓是否已完全形成？
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/law/9780198758082.003.0020
Yannaca-Small Katia
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引用次数: 0
Part VI The Post-Award Phase, 29 Enforcement of Investment Treaty Awards 第六部分:裁决后阶段，29 .投资条约裁决的执行
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/LAW/9780198758082.003.0029
Reinisch August
{"title":"Part VI The Post-Award Phase, 29 Enforcement of Investment Treaty Awards","authors":"Reinisch August","doi":"10.1093/LAW/9780198758082.003.0029","DOIUrl":"https://doi.org/10.1093/LAW/9780198758082.003.0029","url":null,"abstract":"Investment arbitration between States and private parties is mostly pursued according to the International Centre for Settlement of Investment Dispute (ICSID) Convention and under various institutional or ad hoc arbitration rules leading to arbitral awards, which are regarded as foreign arbitral awards in the sense of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This chapter distinguishes between enforcement possibilities offered by the New York Convention for non-ICSID awards and the special enforcement regime for ICSID awards laid down in the ICSID Convention. In the majority of that fraction of cases in which host States were found to have incurred liability, the awards seem to have been voluntarily complied with.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"380 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126726866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part IV Guide to Key Substantive Issues, 22 Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn? 第四部分实质性关键问题导论，22间接征收与调整权:界限已经划好了吗?
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/LAW/9780198758082.003.0022
Yannaca-Small Katia
{"title":"Part IV Guide to Key Substantive Issues, 22 Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn?","authors":"Yannaca-Small Katia","doi":"10.1093/LAW/9780198758082.003.0022","DOIUrl":"https://doi.org/10.1093/LAW/9780198758082.003.0022","url":null,"abstract":"This chapter focuses on the way in which arbitral tribunals have dealt with indirect expropriation claims based on investment agreements. It also looks at the cross-fertilization with two other sources of jurisprudence which deal with similar issues, under different circumstances and different legal bases, i.e. the US–Iran Claims tribunal and the European Court of Human Rights. The chapter (i) describes the basic concepts of the obligation to compensate for indirect expropriation; (ii) reviews whether and how legal instruments and other texts articulate the difference between indirect expropriation and the right of the governments to regulate without compensation; and (iii) identifies a number of criteria which emerge from jurisprudence and state practice for determining whether an indirect expropriation has occurred, and compensation is due.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"286 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121372579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part II Guide to Key Preliminary and Procedural Issues, 6 Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration 第二部分主要初步和程序性问题指南，投资条约仲裁程序的提起和设立法庭的6个方面
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/LAW/9780198758082.003.0006
Kostadinova Milanka
{"title":"Part II Guide to Key Preliminary and Procedural Issues, 6 Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration","authors":"Kostadinova Milanka","doi":"10.1093/LAW/9780198758082.003.0006","DOIUrl":"https://doi.org/10.1093/LAW/9780198758082.003.0006","url":null,"abstract":"The institution of treaty-based proceedings in a particular forum or under particular set of arbitration rules depends on the consent provisions of the underlying investment treaty. Some 767 arbitration cases have been initiated so far under the total of 3,324 bilateral investment treaties and other international investment agreements signed to date. This chapter provides an overview of the technical and fairly complex procedures for initiating proceedings and constituting tribunals in investment treaty arbitration. It examines the prevalent practices from the perspective of the International Centre for Settlement of Investment Dispute (ICSID) Convention and Rules, and other leading sets of international arbitration rules such as the United Nations Commission on International Trade Law Arbitration Rules, the Rules of Arbitration of the International Chamber of Commerce, and the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, which are among the non-ICSID Rules more commonly referenced in investment treaties.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129831260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part V Remedies and Costs, 26 Third-party Funding in Investment Treaty Arbitration 第五部分:投资条约仲裁中的第三方资助
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/law/9780198758082.003.0026
Blackaby Nigel, Wilbraham Alex
{"title":"Part V Remedies and Costs, 26 Third-party Funding in Investment Treaty Arbitration","authors":"Blackaby Nigel, Wilbraham Alex","doi":"10.1093/law/9780198758082.003.0026","DOIUrl":"https://doi.org/10.1093/law/9780198758082.003.0026","url":null,"abstract":"This chapter discusses the issue of third-party funding in international investment arbitration. Third-party funding has become an established part of the investment arbitration landscape. Despite criticism in some quarters, tribunals and international arbitral bodies have tended to favour the view that third-party funding promotes access to justice rather than encouraging frivolous claims. Tribunals have consistently held that receipt of third-party funding is unlikely to affect a claimant’s position from a jurisdictional perspective and will not affect a claimant’s ability to recover legal costs in cases where tribunals make costs awards. The costs of third-party funding itself may be recoverable in some circumstances. There is a growing tendency among tribunals to require disclosure by funded claimants of the existence and identity of third-party funders. It is, however, unlikely that claimants will commonly be required to disclose the terms of any funding agreement except in rare cases when security for costs is being considered.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125428571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part II Guide to Key Preliminary and Procedural Issues, 7 The Fate of Frivolous and Unmeritorious Claims 第二部分:关键初步和程序问题指南，7轻浮和无效索赔的命运
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/LAW/9780198758082.003.0007
Yannaca-Small Katia, E. David
{"title":"Part II Guide to Key Preliminary and Procedural Issues, 7 The Fate of Frivolous and Unmeritorious Claims","authors":"Yannaca-Small Katia, E. David","doi":"10.1093/LAW/9780198758082.003.0007","DOIUrl":"https://doi.org/10.1093/LAW/9780198758082.003.0007","url":null,"abstract":"The term ‘frivolous’ is sometimes used to describe a claim which is filed with knowledge that it has little or no chance of succeeding. This chapter examines the procedures available under international investment agreements and international arbitration rules to address on a preliminary and expedited basis claims that are frivolous in the sense of being baseless and unmeritorious, regardless of claimant’s motives. The current trend towards preliminary and expedited consideration of a request that an application in investor-state arbitration be dismissed as frivolous is rooted in the 2004 US Model Bilateral Investment Treaty and the 2006 amendment to the International Centre for Settlement of Investment Dispute (ICSID) Rule 41(5). There is also an emerging focus on the summary disposition of such frivolous claims in international arbitration rules traditionally concerned with commercial arbitration.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121313310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Part II Guide to Key Preliminary and Procedural Issues, 8 Challenges of Arbitrators in Investment Arbitration: Still Work in Progress? 第二部分:关键初步和程序性问题指南，投资仲裁中仲裁员面临的8个挑战:仍在进行中吗?
Arbitration Under International Investment Agreements Pub Date : 2018-07-19 DOI: 10.1093/LAW/9780198758082.003.0008
M. Loretta, Y. Alvin
{"title":"Part II Guide to Key Preliminary and Procedural Issues, 8 Challenges of Arbitrators in Investment Arbitration: Still Work in Progress?","authors":"M. Loretta, Y. Alvin","doi":"10.1093/LAW/9780198758082.003.0008","DOIUrl":"https://doi.org/10.1093/LAW/9780198758082.003.0008","url":null,"abstract":"The independence and impartiality of arbitrators continue to be an actively debated issue, partly due to the perceived opaqueness and inconsistency of challenge decisions and the standards to be applied to those challenges. This has in turn elicited responses on three fronts, each of which is addressed in this chapter. First, arbitral institutions have recently either revised their rules and practices or introduced more innovative approaches to challenges of arbitrators. This is mirrored by the adoption of dedicated guidelines by professional associations on issues relating to conflicts of interests of arbitrators. Second, some States have introduced their own codes of conduct for arbitrators in bilateral and multilateral investment treaties and in the investment chapters of free trade agreements, which are designed to take precedence over the institutional rules governing the arbitration. Third, changes in the way challenges are being decided by arbitrators and appointing authorities have also emerged.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131870265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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