Katia Fach Gómez, Catharine Titi

The Award in International Investment Arbitration (eBook, ePUB)

• Format: ePub

Produktbeschreibung

Bringing together the biggest names in the contemporary investment arbitration scene, this book offers a comprehensive study of the international investment award from a holistic perspective.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 608
• Erscheinungstermin: 28. August 2024
• Englisch
• ISBN-13: 9780192872982
• Artikelnr.: 72260911

Autorenporträt

Katia Fach Gómez, Dr iur., LLM, is a tenured lecturer (Profesora Titular) of private international law at the University of Zaragoza (Spain). She is author of several legal books, book chapters, and articles published in English, Spanish, and German. She holds a European PhD summa cum laude and an LLM from Fordham University (NY) (summa cum laude and Edward J. Hawk prize). She has been designated by the Kingdom of Spain as conciliator in the ICSID Panel of Conciliators (2020-2026), acts as independent arbitrator and mediator in international and domestic disputes and has been involved in key international litigation cases in the USA and Europe. Her specialist research areas include international investment law, international arbitration and ADR, international contract law, and international technology law. Catharine Titi, Dr iur., FCIArb, is a tenured research associate professor at the French National Centre for Scientific Research (CNRS) and the CERSA, University Paris-Panthéon-Assas, France. She is Co-Chair of the Academic Forum on ISDS and serves on the Board of the European Society of International Law (ESIL) and the Scientific Committee of the UNESCO Chair on Threats to Cultural Heritage. She is appointed to the roster of the United States-Mexico-Canada Agreement's (USMCA) Annex 31-B panellists. Catharine holds a PhD in law (summa cum laude, Rolf H. Brunswig PhD Prize). In 2016, she was awarded the prestigious Smit-Lowenfeld Prize of the International Arbitration Club of New York. Her work focuses on public international law, the settlement of international disputes, international investment law and arbitration, and cultural heritage law.

Inhaltsangabe

* PART I: KEY ASPECTS AND TYPES OF INVESTMENT AWARDS
* 1: What Is an Award? Concept, Content, Drafting, Effects
* 2: The Award on Jurisdiction and Merits
* 3: Compensation
* 4: The Cost Award
* 5: Consent Awards
* 6: Draft Awards: Twirling Curls on a Bald Head
* PART II: PROCEDURAL PRINCIPLES
* 7: The Legal Nature of the Treaty-Based Consent to Investment
Arbitration
* 8: Burden and Standard of Proof on Jurisdiction
* 9: On the Adjudicative Discretion of Investment Arbitrators: Between
ne ultra petita, ne infra petita, and jura novit curia
* 10: Equality of Arms
* PART III: THE CONTENT OF INVESTMENT AWARDS
* 11: The Relevance of the Facts in Complex Investor-State Arbitration
Proceedings: Reflections on the Drafting of Arbitral Awards
* 12: The Applicable Law in Investor-State Dispute Settlement
* 13: The Interpretation of Exceptions
* 14: The Role of Human Rights in Investment Awards
* 15: Counterclaims: Trends and Perspectives
* 16: Investment Tribunals Search for the Truth and Its Impact on the
Arbitral Award
* 17: The Impact of Expert Legal Opinions: A NAFTA Chapter 11 Case
Study
* PART IV: AWARD DRAFTING
* 18: Tribunal Dynamics and Arbitral Deliberations
* 19: The Role of Tribunal Secretaries in the Drafting of Investment
Awards
* 20: The Reasoned Award
* 21: To Err Is Human, to Dissent Divine
* 22: An Empirical Analysis of Legal Reasoning: Comparing Investment
Arbitration and International Commercial Arbitration
* PART V: REVIEW AND ENFORCEMENT
* 23: Annulment and Set-Aside
* 24: Review beyond Annulment: Correction, Additional Awards,
Clarification, and Revision
* 25: The Appeal in International Investment Arbitration
* 26: Recognition and Enforcement of ICSID Convention Awards
* 27: Recognition and Enforcement of Non-ICSID Convention Awards
* PART VI: CROSS-CUTTING ISSUES
* 28: The Investment Award in a Historical Perspective
* 29: Empirical Dimensions of Investment Awards
* 30: Gender and Investment Awards
* 31: The Visible and Invisible Footprint of New Technologies in
Investment Awards