Contract Interpretation in Investment Treaty Arbitration
Contract Interpretation in Investment Treaty Arbitration

Author: Yuliya Chernykh

Publisher: International Litigation in Press

Published: 2022

Total Pages: 632

ISBN-13: 9789004414679

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"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--

Contractual Renegotiations and International Investment Arbitration
Contractual Renegotiations and International Investment Arbitration

Author: Aikaterini Florou

Publisher: BRILL

Published: 2020-03-02

Total Pages: 261

ISBN-13: 9004407472

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In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.

The Interpretation of Investment Treaties
The Interpretation of Investment Treaties

Author: Trinh Hai Yen

Publisher: Martinus Nijhoff Publishers

Published: 2014-06-05

Total Pages: 408

ISBN-13: 9004274545

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Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties. The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.

Arbitration Under International Investment Agreements
Arbitration Under International Investment Agreements

Author: Katia Yannaca-Small

Publisher:

Published: 2010

Total Pages: 790

ISBN-13: 0195340698

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Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors
The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

Author: Jan Ole Voss

Publisher: Martinus Nijhoff Publishers

Published: 2010-12-10

Total Pages: 402

ISBN-13: 9004192239

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In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????

International Investment Law and Legal Theory
International Investment Law and Legal Theory

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

Published: 2021-05-06

Total Pages: 391

ISBN-13: 1108839177

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A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

International Commercial Contracts
International Commercial Contracts

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

Published: 2014-05-29

Total Pages: 347

ISBN-13: 113995234X

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Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?

The ICSID Convention
The ICSID Convention

Author: Christoph Schreuer (juriste)

Publisher: Cambridge University Press

Published: 2009

Total Pages: 1599

ISBN-13: 0521885590

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This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

Admissibility of Shareholder Claims Under Investment Treaties
Admissibility of Shareholder Claims Under Investment Treaties

Author: Gabriel Bottini

Publisher:

Published: 2020

Total Pages: 335

ISBN-13: 9781108714730

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This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.