Judicial Review in Investment Treaty Arbitration : The Impact of Customary International Law (Hardcover)

The Anatomy of International Arbitration (Hardcover, 1)

Part I: Foundations

1. The Anatomy of International Arbitration?

2. Key Concepts of International Arbitration?

?

Part II: Transversal Topics

3. The Sociological Evolution of International Arbitration?

4. Institutional and ad hoc Arbitration?

5. Digitalization in International Arbitration?

6. Diversity in International Arbitration?

7. Sources of Law and Soft Law in International Arbitration?

8. Review Mechanisms in International Arbitration?

9. Enforcement of International Arbitral Awards?

?

Part III: Arbitration Mechanisms

10. Inter-State Arbitration?

11. Law of the Sea Arbitration?

12. International Administrative Law and Dispute Resolution?

13. Investor-State Arbitration?

14. Business and Human Rights Arbitration?

15. Sports Arbitration?

16. Commercial Arbitration?

17. Maritime Arbitration?

18. Commodities Arbitration?

19. Construction Arbitration?

20. Intellectual Property Arbitration

?

Investment Law and the Energy Transition : Promotion, Protection and Arbitration (Hardcover)

List of Contributors

Foreword

Chapter 1 - Investment Law and Energy Transition: Promotion, Protection and Arbitration

Kaj Hober, Volker Roeben, Ylli Dautaj?

Chapter 2 - The International Legal and Regulatory Framework of Climate Change

Sofia Kovacevic

Chapter 3 - The Economics of Energy Transition

Nima Farrahi

Chapter 4 - Climate Litigation: Climate Change, Transition, and Human Rights

Maria Jose Alarcon

Chapter 5 - The International Energy Architecture and Energy Transition

Volker Roeben?

Chapter 6 - Planning and Drafting, and Interpreting Investment Treaties in the Era of Energy Transition

Samira Sulejmanovic

Chapter 7 - Critiques of ISDS and the Arbitration Community’s Response

George Bermann

Chapter 8 - Reforming International Investment Law to Align with Climate Change: Substantive Issues and Solutions

Kabir Duggal, Andres Alvarez Calderon

Chapter 9 - Reforming Investor-State Dispute Settlement (ISDS) Procedure for Energy Transition Disputes: From Obstacle to Tool for Sustainable Development

Fahira Brodlija

Chapter 10 - The ‘Modernised’ Energy Charter Treaty: The Bridge and the Pathway Forward

Ylli Dautaj, Lei Chen

Chapter 11 - Case studies of energy transition cases

Filip Balcerzak

Chapter 12 - The Role of Investment Treaty Arbitration in the Global Governance of Energy Investments

Ana Stanic

Chapter 13 - Trends in Energy Disputes

Kaj Hober

Index

International Investment Arbitration and Inappropriately Obtained Evidence (Hardcover, 1)

1. Introduction

2. Key Concepts and Contexts

3. Tribunal Duties and Inappropriately Obtained Evidence

4. Current and Future Trends in the Exclusion of Inappropriately Obtained Evidence

5. Domestic Laws and The Practice of International Courts and Tribunals

6. The Evidentiary Test for the Treatment of Inappropriately Obtained Evidence

7. Conclusion and Outlook

Evidentiary Contracts and Agreements: Party Autonomy Determining the Rules of Evidence (Hardcover)

International Investment Arbitration : Challenges in Investment Law (Hardcover)

Part I: Investment Treaties and Challenges in Their Interpretation

1. Taxation Measures in ISDS: Cairn v. India and the Principle of Fiscal Sovereignty?

2. Examining the Effects of Waiver Clauses in International Investment Agreements Under the Domestic Rules Governing In solidum Liability?

3. Shareholders Protection Under International Investment Arbitration?

4. In Favour of Counterclaims by Hosts States in International Investment Proceedings?

?

Part II: The Future of Investment Arbitration in the European Union

5. Reconsideration of Intra-EU Decisions in Investment Arbitration: Is the Komstroy Judgment Enough??

6. The EU’s Role in Regulating Public Political Risk Investment Insurance

7. Foreign Investors’ Access to EU Judicial Review on EU Acts Regarding Foreign Direct Investment Screening?

?

Part III: “Domestic” Law Issues in the International Investment Law Regime

8. EU Law as a Matter of Fact: The Implementation of Domestic Law Clauses in EU Investment Protection Agreements?

9. Procedural Challenges in Investment Arbitration: The Standard of Proof for Corruption?

?

Part IV: Arbitrator Appointments: Challenges and Developments

?

10. To Disclose or Not to Disclose: Addressing Conflicts of Interest in Investment Arbitration through Zero-Knowledge Proofs?

11. Party Appointments and Unconscious Bias in Investment Arbitration

12. Arbitrator (I Choose You): Practice and Theory of Arbitrator Appointment in Investor-State Dispute Settlement?

?

Part V: Addressing Efficiency and Structural Parity: Procedural Reforms

13. Structural Challenges in Investor-State Mediation and How to Address Them?

14. Procedural Discretion in Investment Arbitration?

15. The Emerging Regulation of TPF in ISDS: A Snapshot of the Reform Efforts of ICSID, UNCITRAL, and the Europ...


외국도서 > 경제경영 > 수출업
외국도서 > 법률 > 국제무역법
외국도서 > 법률 > 국제법
외국도서 > 법률 > 분쟁해결
외국도서 > 법률 > 상법/금융법
외국도서 > 법률 > 은행법
외국도서 > 법률 > 중재
외국도서 > 경제경영 > 국제경제 > 경제학이론

Good with Humans: The Neuroscience of What Makes Us Tick and What Ticks Us Off (Hardcover)

Third-Party Funding and Ethical Ecosystem of International Arbitration: Conflicts of Interest, Professional Duties, and Regulatory Responses (Hardcover)

EU Values and International Law: How the EU Upholds and Promotes Its Values in the Wider World Through Its International Agreements (Hardcover)

Chinese Trademark Law from the Perspective of International Treaties (Hardcover)

International Sales Law : A Guide to the CISG (Paperback, 4 ed)

Assistants in International Dispute Settlement : Navigating Legitimacy (Hardcover)

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law : 6-Volume Set (Multiple-component retail product, 9 ed)

International Economic Dispute Settlement in Africa : Courts and Arbitral Tribunals as Socio-Legal Actors (Hardcover)

Insurance Ombudsman Schemes: A Comparative Analysis (Hardcover)

Perspectives on Conflict: Insights for Professional and Personal Practice (Paperback)

Arbitration of Commercial Disputes : English and International Law and Practice (Hardcover, 2 Revised edition)

Consumer Adr: Volume II (Hardcover)

International Investment Arbitration and Energy Disputes in the EU : The Present and Future of the Energy Charter Treaty (Hardcover)

Interim Table of Contents Introduction I. The Argument II. Why it Matters? III. Approach, Terminology and Methodology IV. Scope and Outline Part I: The Past Chapter One - Context I. Historical Development of Energy Investments in Europe II. The Emergence of EU Energy Law III. Defining an EU Energy Investment IV. Tracing the Problem Part II: The Present Chapter Two - Introducing the Energy Charter Treaty into the Scene I. Subjects II. Content III. Generational Blocks Chapter Three - EU Law in Investment Arbitration: Demystifying the Conflict, Explaining the Tension I. Teasing Out the Intra-EU ECT Arbitration Process II. Tension or Conflict? Chapter Four - Limitation and Effects of the Interpretative Approaches I. Protecting Policies and Values II. Approaches III. Limitations IV. Effects V. Suitability and Efficiency of a Desired Approach Part III: The Future Chapter Five - Investigating EU Law to Serve Intra-EU ECT Disputes I. New Problem, New Solution: Modern Legal Theory for the ECT in the EU II. The Functions of EU Law in Energy Investments Chapter Six - The New ECT and the Future of EU Energy Investments I. Modernization Process II. ISDS and the Multilateral Investment Court III. Energy Transition and Net Zero IV. Innovation and Social Justice V. The UK, Switzerland, Hong Kong and Elsewhere VI. Energy Investments in Europe after the Pandemic VII. The EU Mining in Space Conclusions

Global Commercial Contracts : CISG, PICC and other International Instruments (Paperback)

A Guide to Int Arb, Litigation, and Mediation in Singapore (Hardcover)

The Impact of Trade Law in International Invest Arb (Hardcover)

A Guide to the Diac Arbitration Rules (Hardcover)

Commercial Agents and the Law (Hardcover, 2 ed)

1. General introduction  2. Commercial agents and commercial agency agreements: an overview of the legal map  3. Performance of the commercial agency contract  4. The commercial agent’s remuneration  5. Termination of the commercial agency contract and its consequences  6. Calculating the termination payments  7. Competition law  8. General conclusion

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa (Hardcover)