Alternative Dispute Resolution in Energy Industries
Alternative Dispute Resolution in Energy Industries

Author: Mustafa Oğuz Tuna

Publisher: Routledge

Published: 2022-04-03

Total Pages: 189

ISBN-13: 1000566005

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The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.

International Law and Boundary Disputes in Africa
International Law and Boundary Disputes in Africa

Author: Gbenga Oduntan

Publisher: Routledge

Published: 2015-06-26

Total Pages: 428

ISBN-13: 1135039550

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Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

Establishing Judicial Authority in International Economic Law
Establishing Judicial Authority in International Economic Law

Author: Joanna Jemielniak

Publisher: Cambridge University Press

Published: 2016-07-12

Total Pages: 343

ISBN-13: 1316586391

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A central development in international law is the intensified juridification of international relations by a growing number of international courts. With this in mind, this book discusses how international judicial authority is established and managed in key fields of international economic law: trade law, investor-state arbitration and international commercial arbitration. Adopting a unique legal-centric approach, the analysis explores the interplay between these areas of economic dispute resolution, tracing their parallel developments and identifying the ways they influence each other on processual mechanisms and solutions. Drawing together contributions from many leading scholars across the world, this volume considers issues such as the usage of precedent and the role of legitimacy, suggesting that the consolidation of judicial authority is a universal trend which impacts on state behaviour.

International Law and Developing Countries
International Law and Developing Countries

Author: Sharif Bhuiyan

Publisher: Martinus Nijhoff Publishers

Published: 2014-02-06

Total Pages: 350

ISBN-13: 9004258248

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This book celebrates Kamal Hossain’s lifelong and significant contribution to the development of international law and the cause of developing countries. It brings together an interview with Hossain by the editors, and thirteen essays written in his honour by scholars representing a wide spectrum of expertise in international law. The interview provides an introduction to the rich and varied life of a statesman, a drafter of his country’s constitution, and an acclaimed constitutional and international lawyer. The subjects covered in the essays include the new international economic order (NIEO), human rights, counter-terrorism, climate change, oil and gas law, arbitration, law of the sea, international trade law and judicial reform. These essays offer important perspectives on the issues addressed.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009)
Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009)

Author: Arthur W. Rovine

Publisher: BRILL

Published: 2010-05-20

Total Pages: 489

ISBN-13: 900419004X

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The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2009 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Part I: Investor-State Arbitration Part II: Arbitrator Ethics Part III: Damages in International Commercial Arbitration Part IV: The Theory and Philosophy of International Arbitration Part V: Investor-State Mediation Part VI: Mediation in the Context of Arbitration

Yearbook on International Investment Law & Policy 2010-2011
Yearbook on International Investment Law & Policy 2010-2011

Author: Karl P. Sauvant

Publisher: Oxford University Press, USA

Published: 2012-02-16

Total Pages: 1082

ISBN-13: 0199812357

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The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.

The Oxford Handbook of International Law in Asia and the Pacific
The Oxford Handbook of International Law in Asia and the Pacific

Author: Simon Chesterman

Publisher:

Published: 2019

Total Pages: 904

ISBN-13: 0198793855

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This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived

Enforcement of Arbitral Awards Against Sovereigns
Enforcement of Arbitral Awards Against Sovereigns

Author: R. Doak Bishop

Publisher: Juris Publishing, Inc.

Published: 2009-09-01

Total Pages: 506

ISBN-13: 1933833297

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The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.

International Arbitration in the Energy Sector
International Arbitration in the Energy Sector

Author: Maxi Scherer

Publisher: Oxford University Press

Published: 2018-02-22

Total Pages: 529

ISBN-13: 0192528319

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Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.