Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. The Future of Investment Arbitration contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly-innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of…mehr
Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. The Future of Investment Arbitration contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly-innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Roger P. Alford is an associate professor of law at Pepperdine Law School. Professor Alford served as a senior legal advisor with the Claims Resolution Tribunal for Dormant Accounts in Switzerland, the tribunal established by the Volcker Commission to resolve claims to Holocaust-era dormant Swiss bank accounts. Catherine A. Rogers teaches a range of comparative and international law subjects at two law schools, at the Dickinson School of Law, Penn State University, in University Park, Pennsylvania, and the Istituto Diritto Comparato (IDC), Università Commerciale Luigi Bocconi, in Milan, Italy.
Inhaltsangabe
* Preface: By David D. Caron and Lucy Reed * Introduction: By Gabrielle Kaufmann-Kohler * PART I: THE ADEQUACY OF EXISTING RULES FOR INVESTOR-STATE ARBITRATION * INTRODUCTION: By Roger P. Alford and Catherine A. Rogers * CHAPTER 1: Recent Developments in the Rules of Procedure for Arbitration of Disputes between States and Foreign Investors By Ucheora O. Onwuamaegbu * CHAPTER 2: Confidentiality in an Age of Transparency: Challenges for Investment Arbitrators By Gary B. Born * CHAPTER 3: Interim Measures and Dismissal Under the ICSID Rules By Carolyn Lamm and Hansel Pham * CHAPTER 4: Res Judicata: What Investment Arbitration Can Learn from the 2006 ILA Resolution on International Commercial Arbitration By Catherine Kessedjian * PART II: THE FUTURE OF BITs * INTRODUCTION: By Roger P. Alford and Catherine A. Rogers * CHAPTER 6: The Effect of BITs on the Emergence of an Established International Body of Investment Law By Arif H. Ali * CHAPTER 7: Bi-Lateral Investment Treaties 1995-2006: Trends in Investment Rule-Making * UNCTAD Work Programme on International Investment Agreements Supervised by Anna Joubin-Bret * CHAPTER 8: States Can't Enter Into Too Many BITs By Andrea Menaker * CHAPTER 9: Do BITs Benefit Developing Countries? By Susan Rose-Ackerman * CHAPTER 10: Protection against Arbitrary and Discriminatory Treatment By Christoph Schreuer * CHAPTER 11: The Potential Impact of Circulating Draft Awards Under U.S. Model BIT By Jack C. Coe * CHAPTER 12: Investment Agreements Between Developed States: The Dilemma of Dispute Resolution By William S. Dodge * PART III: THE PUBLIC FUNCTIONS OF INVESTMENT ARBITRATION DECISIONMAKING * INTRODUCTION: By Roger P. Alford and Catherine A. Rogers * CHAPTER 14: Reactions to Neo-Liberal Excesses in Investment Arbitration By M. Sornarajah * CHAPTER 15: Tax, Arbitration and Investment Protection By William W. ("Rusty") Park * CHAPTER 16:Fact-Finding in the Fog: Determining the Facts of Wars and Upheavals By John Crook * CHAPTER 17: The Challenges Confronting Small Investors By Lee M. Caplan * CHAPTER 18: The Arbitrator as Guardian of International Public Policy: Should Arbitrators Go Beyond Solving Legal Issues? By Stephan Wilske and Martin Raible * CONCLUSIONS: CURRENT CHALLENGES AND VISIONS OF INVESTMENT ARBITRATION'S FUTURE * CHAPTER 19: Confronting the Truth: Sources and Magnitude of Decentralization in Investment * Treaty Arbitration By Charles "Chip" H. Brower
* Preface: By David D. Caron and Lucy Reed * Introduction: By Gabrielle Kaufmann-Kohler * PART I: THE ADEQUACY OF EXISTING RULES FOR INVESTOR-STATE ARBITRATION * INTRODUCTION: By Roger P. Alford and Catherine A. Rogers * CHAPTER 1: Recent Developments in the Rules of Procedure for Arbitration of Disputes between States and Foreign Investors By Ucheora O. Onwuamaegbu * CHAPTER 2: Confidentiality in an Age of Transparency: Challenges for Investment Arbitrators By Gary B. Born * CHAPTER 3: Interim Measures and Dismissal Under the ICSID Rules By Carolyn Lamm and Hansel Pham * CHAPTER 4: Res Judicata: What Investment Arbitration Can Learn from the 2006 ILA Resolution on International Commercial Arbitration By Catherine Kessedjian * PART II: THE FUTURE OF BITs * INTRODUCTION: By Roger P. Alford and Catherine A. Rogers * CHAPTER 6: The Effect of BITs on the Emergence of an Established International Body of Investment Law By Arif H. Ali * CHAPTER 7: Bi-Lateral Investment Treaties 1995-2006: Trends in Investment Rule-Making * UNCTAD Work Programme on International Investment Agreements Supervised by Anna Joubin-Bret * CHAPTER 8: States Can't Enter Into Too Many BITs By Andrea Menaker * CHAPTER 9: Do BITs Benefit Developing Countries? By Susan Rose-Ackerman * CHAPTER 10: Protection against Arbitrary and Discriminatory Treatment By Christoph Schreuer * CHAPTER 11: The Potential Impact of Circulating Draft Awards Under U.S. Model BIT By Jack C. Coe * CHAPTER 12: Investment Agreements Between Developed States: The Dilemma of Dispute Resolution By William S. Dodge * PART III: THE PUBLIC FUNCTIONS OF INVESTMENT ARBITRATION DECISIONMAKING * INTRODUCTION: By Roger P. Alford and Catherine A. Rogers * CHAPTER 14: Reactions to Neo-Liberal Excesses in Investment Arbitration By M. Sornarajah * CHAPTER 15: Tax, Arbitration and Investment Protection By William W. ("Rusty") Park * CHAPTER 16:Fact-Finding in the Fog: Determining the Facts of Wars and Upheavals By John Crook * CHAPTER 17: The Challenges Confronting Small Investors By Lee M. Caplan * CHAPTER 18: The Arbitrator as Guardian of International Public Policy: Should Arbitrators Go Beyond Solving Legal Issues? By Stephan Wilske and Martin Raible * CONCLUSIONS: CURRENT CHALLENGES AND VISIONS OF INVESTMENT ARBITRATION'S FUTURE * CHAPTER 19: Confronting the Truth: Sources and Magnitude of Decentralization in Investment * Treaty Arbitration By Charles "Chip" H. Brower
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