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Hardcover. Zustand: Very Good. 1st Edition. Oversized hardcover, xvi + 400 pages, NOT ex-library. Printed in the USA. Creased lower outer corner of the front blank endpaper, else limited signs of minor wear. Book is clean and bright with unmarked text, free of inscriptions and stamps, firmly bound. Issued without a dust jacket. -- This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. -- Contents: Introduction: Fundamentals Revisited; Profiles; Part I Challenges to Arbitrators: Should the Challenge Process Be Overhauled? 1 To Use a Cannon to Kill a Mosquito: Why the Increase in Arbitrator Challenges in Investment Arbitration Does Not Warrant a Complete Overhaul of the System / Charles B. Rosenberg; 2 Arbitrator Challenges in Investment Arbitration: Is an Overhaul Needed? / Fernando A. Tupa; 3 Challenges to Arbitrators: Should the Challenge Process Be Overhauled? / Julie Bédard; Panel Discussion; Part II New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration? 4 Full Measure of Full Protection and Security / Margarita R. Sánchez & Robert A. DeRise; 5 Back to Bricks and Mortar: The Case for a "Traditional" Definition of Investment that Never Was / Timothy L. Foden; 6 New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration? / Tina Cicchetti; Panel Discussion; 7 Keynote Speaker Transcript / George Kahale III; Part III Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria? 8 Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria? / James Egerton-Vernon; 9 Investor-State Arbitration as International Public Law: Deference, Proportionality and the Standard of Review / Paul Barker; 10 Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria? / Professor Joshua Karton; Panel Discussion; Part IV Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? 11 Proportionality, Contributory Negligence and Other Equity Considerations in Investment Arbitration / Juan Felipe Merizalde Urdaneta; 12 Arbitral Tribunal's Discretion in Quantifying Damages / Meriam N. Alrashid; 13 Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? / Craig Miles; Panel Discussion; Table of Cases; Index. …

hardcover. Zustand: As New. Hardback--no flaws--no dust cover.

Hardcover. Zustand: Very Good. 2011 OUP hardcover edition. Unread copy in very good condition. From the cover: This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors. Contents: 1. Introduction 2. A Concise History Law of State Responsibility and Reparation in International Law 2.1 Introduction 2.2 Elements Modern Doctrines of State Responsibility and Reparation for Internationally Wrongful Acts 2.3 Roman and Private Law Sources Doctrine of State Responsibility and Reparation 2.4 History of the Law of Extra-Contractual Liability and Restitutio in Integrum Roman Law to European Civil Codes 2.5 England's Influence on the Early Notions of State Responsibility Reparation 2.6 International Law Sources of the Doctrine of State Responsibility Reparation 2.7 Process of Emergence of the Doctrine of State Responsibility Reparation in International Law 3. Modern Reparation Doctrine in International Law and Investment Treaty Arbitration 3.1 Introduction 3.2 Reparation 3.3 Chorzow Factory Case 3.4 International Law Commission Articles on State Responsibility and the Concept of Reparation 3.5 Application of the Reparation Principle in Investment Arbitration 4. Restitution 4.1 Introduction 4.2 The Power of Arbitral Tribunals to Award Restitution and the Enforceability of Such Awards 4.3 Material Restitution 4.4 Juridical Restitution 4.5 Limits to Restitution: Impossibility and Disproportionate Burden 5. Compensation 5.1 Introduction 5.2 Compensation for Expropriation in Customary International Law 5.3 Compensation for Expropriation in Investment Treaties 5.4 Investment Treaties and Compensation for Violation of Protections other than Expropriation 5.5 Lawfulness and Unlawfulness of Government Conduct and Its Significance for Awarding Compensation 5.6 Calculating the Amount of Compensation 6. Supplemental Compensation 6.1 Introduction 6.2 Moral Damages 6.3 Punitive Damages 6.4 Interest 6.5 Currency of Compensation 6.6 Arbitration Costs 7. Limitations on Compensation 7.1 Introduction 7.2 Causation 7.3 Contributory Negligence 7.4 Failure to Mitigate Losses 7.5 Counterclaims and Set-off 7.6 State of Necessity 7.7 Burden of Proof and Evidentiary Matters 7.8 Prohibition of Double Recovery 7.9 Role of Equity.…

Zustand: New. &Uumlber den AutorBorzu Sabahi is an Adjunct Professor at Georgetown University Law Center and a partner at Curtis, Mallet-Prevost, Colt and Mosle LLP, Washington, DC.Ian A. Laird is an Adjunct Professor at Georgetown Universi.

Taschenbuch. Zustand: Neu. Neuware - 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.…

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HRD. Zustand: New. New Book. Shipped from UK. Established seller since 2000.

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Hardcover. Zustand: Brand New. 2nd edition. 981 pages. 10.00x7.00x2.25 inches. In Stock.

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Hardcover. Zustand: new. Hardcover. The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations. The second edition of Investor-State Arbitration builds on the successful first edition to include developments in law and practice, and provides the reader with an evenmore in-depth expert coverage of all aspects of this field of international law.The book examines the international treaties that allow investors to proceed with the arbitration of theirclaims, describe the most-commonly employed arbitration rules, and set forth the most important elements of Investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and more than 2,000 bilateral investment treaties, most of which were enteredinto in the last twenty years, is given dedicated coverage.Investor-State Arbitration represents an indispensable tool for practitioners working in law firms, governments, and NGOsinvolved in this field, as well as for academics and students who are studying international law. This edition builds on the successful first edition to include developments in law and practice, and provides the reader with an even more in-depth expert coverage of all aspects of investor-State arbitration. New coverage includes but is not limited to jurisdiction ratione temporis, precedent, moral damages, and denial of benefits. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Hardcover. Zustand: Brand New. 2nd edition. 981 pages. 10.00x7.00x2.25 inches. In Stock.

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Paperback. Zustand: Brand New. vi, 64 pp. ed. edition. 64 pages. 9.00x6.00x0.25 inches. In Stock. This item is printed on demand.

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