The Resolution of International Investment Disputes: Challenges and SolutionsEleven International Publishing, 2008 - 251 sayfa This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law. |
İçindekiler
CHAPTER I INTRODUCTION | 1 |
CHAPTER II EVOLUTION OF THE CURRENT LEGAL FRAMEWORK FOR INTERNATIONAL INVESTMENT DISPUTE RESOLUTION | 5 |
CHAPTER III A CRISIS OF CONSISTENCY PROBLEMS WITH THE CURRENT LEGAL FRAMEWORK | 35 |
CHAPTER IV DEVELOPMENTS WITHIN THE CURRENT FRAMEWORK | 101 |
CHAPTER V SETTING NEW LEGAL BOUNDARIES DEVELOPMENTS UTILIZING EXISTING DOMESTIC AND INTERNATIONAL PROCED... | 143 |
CHAPTER VI CONCLUSION | 225 |
235 | |
Sık kullanılan terimler ve kelime öbekleri
AAA Class Arbitration Aguas amicus curiae appeal appellate body application arbitral awards arbitral proceedings arbitral tribunal arbitration agreement Argentine Republic arising Article Bilateral Investment Treaties breach Civil Procedure claimants class action Class Arbitration Rules Conference on Trade confidentiality consolidation context contractual claims Czech Republic Decision on Jurisdiction Development UNCTAD Dispute Board dispute resolution clause Dispute Settlement domestic courts Energy Charter Treaty enforcement Franck global host ICSID Arbitration Rules ICSID Convention ICSID Review International Arbitration International Commercial Arbitration international investment arbitration international investment dispute interpretation investment contract investment dispute resolution Investment Law Investment Treaty Arbitration investor investor-state arbitration investor-state dispute resolution issues Jurisdiction dated last accessed March Methanex Model BIT NAFTA paras Parra principle provisions regard requirement res judicata Schreuer Settlement of Investment Siemens A.G. supra note 45 transparency treaty claims umbrella clauses UNCITRAL UNCITRAL Arbitration Rules UNCTAD Wälde