Contractual Renegotiations and International Investment Arbitration

Contractual Renegotiations and International Investment Arbitration
Author: Aikaterini Florou
Publisher: BRILL
Total Pages: 261
Release: 2020-03-02
Genre: Law
ISBN: 9004407472

In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.

Contract Interpretation in Investment Treaty Arbitration

Contract Interpretation in Investment Treaty Arbitration
Author: Yuliya Chernykh
Publisher: International Litigation in Press
Total Pages: 632
Release: 2022
Genre: Law
ISBN: 9789004414679

"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--

The Backlash Against Investment Arbitration

The Backlash Against Investment Arbitration
Author: Michael Waibel
Publisher: Kluwer Law International B.V.
Total Pages: 674
Release: 2010-01-01
Genre: Law
ISBN: 9041132023

"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

The Interpretation of Investment Treaties

The Interpretation of Investment Treaties
Author: Trinh Hai Yen
Publisher: Martinus Nijhoff Publishers
Total Pages: 408
Release: 2014-06-05
Genre: Law
ISBN: 9004274545

Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties. The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.

The Oxford Handbook of International Arbitration

The Oxford Handbook of International Arbitration
Author: Thomas Schultz
Publisher: Oxford University Press
Total Pages: 1008
Release: 2020-09-11
Genre: Law
ISBN: 0192515977

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

International Investment Law and Arbitration

International Investment Law and Arbitration
Author: Borzu Sabahi
Publisher: BRILL
Total Pages: 70
Release: 2018-07-17
Genre: Law
ISBN: 9004363033

International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

Granting and Renegotiating Infrastructure Concessions

Granting and Renegotiating Infrastructure Concessions
Author: J. Luis Guasch
Publisher: World Bank Publications
Total Pages: 212
Release: 2004-01-01
Genre: Business & Economics
ISBN: 9780821357927

During the 1990s, infrastructure concessions were hailed as the solution to Latin America's endemic infrastructure deficit, by combining private sector efficiency with rent dissipation brought about by competition. This publication examines the design and implementation of over 1,000 examples of concession contracts, in order to identify the problems that have occurred in the process. It goes on to highlight lessons to be learned for the future, in order to realise the potential benefits of infrastructure reform and to contribute to economic growth and poverty reduction.

Arbitration and Renegotiation of International Investment Agreements:A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements

Arbitration and Renegotiation of International Investment Agreements:A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements
Author: Wolfgang Peter
Publisher: Kluwer Law International B.V.
Total Pages: 488
Release: 1995-06-08
Genre: Law
ISBN: 9041100377

This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility. Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor-host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability. The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government. The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.

Land Deals in Africa

Land Deals in Africa
Author: Lorenzo Cotula
Publisher: IIED
Total Pages: 58
Release: 2011
Genre: Business & Economics
ISBN: 1843698048

"This report was prepared for 'Legal tools for citizen empowerment, ' a programme steered by the International Institute for Environment and Development"--Page iii.