Arbitration Under International Investment Agreements describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics.
Arbitration Under International Investment Agreements describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Katia Yannaca-Small is an independent counsel and arbitrator and Adjunct Professor of International Investment Law and Arbitration at University of Southern California (USC) Gould School of Law. Until recently she was Counsel at Shearman and Sterling LLP where she represented and advised companies, states and state entities in commercial and investor-state disputes. Katia was also the OECD Senior Legal Advisor on International Investment where she developed the international investment agreements and arbitration program. She also served as Senior Counsel with ICSID, where she administered large investor-state arbitrations, proposed and developed ICSID's first comprehensive outreach plan and developed a course on ICSID procedure for government officials and practitioners.
Inhaltsangabe
* Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework * 1: Roberto Echandi: Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule- making * 2: Emmanuel Gaillard and Mark McNeill: The Energy Charter Treaty * 3: Ucheora Onwuamaegbu: International Dispute Settlement Mechanisms * 4: Jan Paulsson: The Role of Precedent in Investment Arbitration * Part II Guide to Key Preliminary and Procedural Issues * 5: Barton Legum: An Overview of Procedure in an Investment Treaty Arbitration * 6: Milanka Kostadinova: Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration * 7: Katia Yannaca-Small and David Earnest: The Fate of Frivolous and Unmeritorious Claims * 8: Loretta Malintoppi and Alvin Yap: Challenges of Arbitrators in International Investment Arbitration: Still Work in Progress? * 9: Andrea J. Menaker and Eckhard Hellbeck: Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investment Treaty Arbitration * Part III Guide to Key Jurisdictional Issues * 10: Katia Yannaca-Small: Who is entitled to Claim: The Definition of Nationality in Investment Arbitration * 11: Katia Yannaca-Small and Dimitrios Katsikis: The Meaning of 'Investment' in Investment Treaty Arbitration * 12: Baiju S Vasani and Sarah Z Vasani: Bifurcation of Investment Disputes * 13: Baiju S Vasani, Timothy L Foden, and Hafsa Zayyan: Burden and Standard of Proof at the Jurisdictional Stage * 14: Georgios Petrochilos: Attribution: State Organs and Entities Exercising Elements of Governmental Authority * 15: Stanimir A Alexandrov: Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction? * 16: Katia Yannaca-Small: The Umbrella Clause: Is the Umbrella Closing? * 17: Mark A Clodfelter and Diana Tsutieva: Counterclaims in Investment Treaty Arbitration * 18: Charles N Brower and Jawad Ahmad: The State's Corruption Defence, Prosecutorial Efforts, and Anti-Corruption Norms in Investment Treaty Arbitration * Part IV Guide to the Key Substantive Issues * 19: Yas Banifatemi: The Law Applicable in Investment Treaty Arbitration * 20: Katia Yannaca-Small: Fair and Equitable Treatment: Have Its Contours Fully Evolved? * 21: Andrea K Bjorklund: The National Treatment Obligation * 22: Katia Yannaca-Small: Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn? * 23: Abby Cohen Smutny, Petr Polásek and Chad Farrell: The MFN Clause and its Evolving Boundaries * Part V Remedies and Costs * 24: Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta: Interim Relief in Investment Arbitration * 25: Irmgard Marboe: Compensation and Damages in Investment Arbitration * 26: Nigel Blackaby and Alex Wilbraham: Third Party Funding in Investment Treaty Arbitration * Part VI The Post-Award Phase * 27: Katia Yannaca-Small: Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner? * 28: Kaj Hober and Nils Eliasson: Review of non-ICSID Awards by National Courts * 29: August Reinisch: Enforcement of Investment Treaty Awards * 30: Julien Fouret: A Practical Guide: Research Tools in International Investment Law
* Part I International Investment Treaties and the Settlement of Investment Disputes: The Framework * 1: Roberto Echandi: Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule- making * 2: Emmanuel Gaillard and Mark McNeill: The Energy Charter Treaty * 3: Ucheora Onwuamaegbu: International Dispute Settlement Mechanisms * 4: Jan Paulsson: The Role of Precedent in Investment Arbitration * Part II Guide to Key Preliminary and Procedural Issues * 5: Barton Legum: An Overview of Procedure in an Investment Treaty Arbitration * 6: Milanka Kostadinova: Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration * 7: Katia Yannaca-Small and David Earnest: The Fate of Frivolous and Unmeritorious Claims * 8: Loretta Malintoppi and Alvin Yap: Challenges of Arbitrators in International Investment Arbitration: Still Work in Progress? * 9: Andrea J. Menaker and Eckhard Hellbeck: Piercing the Veil of Confidentiality: The Recent Trend Towards Greater Public Participation and Transparency in Investment Treaty Arbitration * Part III Guide to Key Jurisdictional Issues * 10: Katia Yannaca-Small: Who is entitled to Claim: The Definition of Nationality in Investment Arbitration * 11: Katia Yannaca-Small and Dimitrios Katsikis: The Meaning of 'Investment' in Investment Treaty Arbitration * 12: Baiju S Vasani and Sarah Z Vasani: Bifurcation of Investment Disputes * 13: Baiju S Vasani, Timothy L Foden, and Hafsa Zayyan: Burden and Standard of Proof at the Jurisdictional Stage * 14: Georgios Petrochilos: Attribution: State Organs and Entities Exercising Elements of Governmental Authority * 15: Stanimir A Alexandrov: Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction? * 16: Katia Yannaca-Small: The Umbrella Clause: Is the Umbrella Closing? * 17: Mark A Clodfelter and Diana Tsutieva: Counterclaims in Investment Treaty Arbitration * 18: Charles N Brower and Jawad Ahmad: The State's Corruption Defence, Prosecutorial Efforts, and Anti-Corruption Norms in Investment Treaty Arbitration * Part IV Guide to the Key Substantive Issues * 19: Yas Banifatemi: The Law Applicable in Investment Treaty Arbitration * 20: Katia Yannaca-Small: Fair and Equitable Treatment: Have Its Contours Fully Evolved? * 21: Andrea K Bjorklund: The National Treatment Obligation * 22: Katia Yannaca-Small: Indirect Expropriation and the Right to Regulate: Has the Line Been Drawn? * 23: Abby Cohen Smutny, Petr Polásek and Chad Farrell: The MFN Clause and its Evolving Boundaries * Part V Remedies and Costs * 24: Gabrielle Kaufmann-Kohler, Aurelia Antonietti, and Michele Potesta: Interim Relief in Investment Arbitration * 25: Irmgard Marboe: Compensation and Damages in Investment Arbitration * 26: Nigel Blackaby and Alex Wilbraham: Third Party Funding in Investment Treaty Arbitration * Part VI The Post-Award Phase * 27: Katia Yannaca-Small: Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner? * 28: Kaj Hober and Nils Eliasson: Review of non-ICSID Awards by National Courts * 29: August Reinisch: Enforcement of Investment Treaty Awards * 30: Julien Fouret: A Practical Guide: Research Tools in International Investment Law
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