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Reports of Overseas Private Investment Corporation Determinations
This comprehensive two-volume work is a collection of determinations from OPIC, the US governmental political risk insurance provider, in the form of its Memoranda of Determinations from 1966 through to 2010. An important part of international investment law and policy is the political risk insurance coverage provided to international investors by their home states and multilateral organizations such as the World Bank. These programs are of crucial importance to the growth of international investment flows and the development of international investment law. The insurance claim decisions and as a result this area of international law has received disproportionately little attention. This ref...
Guide to Advocacy
Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints,...
Towards Consistency in International Investment Jurisprudence
Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty
Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter T...
Arbitration’s Age of Enlightenment?
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: ti...
Interim Measures in International Commercial Arbitration
Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime. The book provides an in-depth analysis of the following: all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application ...
The Political Economy of Investment Arbitration
The Political Economy of Investment Arbitration asks how political institutions and actors in the host state of an investment contribute to the emergence of investor-state disputes. Combining insights from international relations and political economy, it considers two opposing explanations for investor-state disputes: shifting state preferences toward FDI, or the lack of state capacity to maintain an investment-friendly environment. This book's overarching conclusion is that democratic institutions in host states contribute to the emergence of investor-state disputes. Phillips Williams argues that at the heart of many investor-state disputes are highly politicized distributional conflicts i...
Third Party Funding in International Arbitration
The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.
Investor-State Dispute Settlement and International Investment Agreements
This book examines the international investment agreements and the dispute settlement mechanisms contained therein, which bind the Gulf Cooperation Council member States. The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member States have experienced increasing investor–state arbitration claims, while their nationals are increasingly instituting investor–state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focussing particularly upon the investor–state dis...
Reshaping the Investor-State Dispute Settlement System
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
