Building International Investment Law
Building International Investment Law

Author: Meg Kinnear

Publisher: Kluwer Law International B.V.

Published: 2015-12-22

Total Pages: 778

ISBN-13: 9041161414

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This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

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).

The ICSID Convention, Regulations and Rules
The ICSID Convention, Regulations and Rules

Author: Julien Fouret

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 1504

ISBN-13: 1786435241

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This major new commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution rules, the ICSID arbitration rules and the ICSID administrative and financial regulations. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for international investment law and international arbitration scholars.

The History of ICSID
The History of ICSID

Author: Antonio R. Parra

Publisher: OUP Oxford

Published: 2012-08-09

Total Pages: 2584

ISBN-13: 0191636207

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This is the first book to detail the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank. It is essential reading for those involved in this field.

The Independence and Impartiality of ICSID Arbitrators
The Independence and Impartiality of ICSID Arbitrators

Author: Maria Nicole Cleis

Publisher: BRILL

Published: 2017-06-06

Total Pages: 304

ISBN-13: 900434148X

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The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.

The ICSID Convention
The ICSID Convention

Author: Christoph H. Schreuer

Publisher: Cambridge University Press

Published: 2001-07-23

Total Pages: 1532

ISBN-13: 9780521803472

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The Convention on the Settlement of Investment Disputes between States and Nationals of other States entered into force in October 1966, and is administered by ICSID (International Centre for Settlement of Investment Disputes). There are now 131 countries which have ratified the convention. Its caseload has grown substantially during the last ten years. In this unique compendium, the official text and Professor Schreuer's updated commentary on the entire Convention is set out, Article by Article, as at June 2000. This books offers the most comprehensive explanation of the functioning of this important mechanism for the settlement of investor-host State disputes. It incorporates the preparatory work, the literature and the practice under the Convention, as well as a complete tables and index, and cross references to the ICSID Reports. This practice-oriented guide will be an indispensable tool for anyone dealing with the ICSID Convention.

Schreuer's Commentary on the ICSID Convention
Schreuer's Commentary on the ICSID Convention

Author: Stephan W. Schill

Publisher:

Published: 2021-08-19

Total Pages: 2220

ISBN-13: 1108786006

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This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.

Annulment under the ICSID Convention
Annulment under the ICSID Convention

Author: R. Doak Bishop

Publisher: OUP Oxford

Published: 2012-12-06

Total Pages: 0

ISBN-13: 9780199653744

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Systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far, and alongside existing literature.