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The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts: Keynote Presentation by Hon. Stephen M. Schwebel PART 1: Innovations in International Arbitration by Barru Leon, Sophie Lamn, Hon. William G. Bassler, William W. Park, and Josefa Sicard-Mirabal PART 2: Investor-state Arbitration by Edward G. Kehoe, Klaus Reichert, Catherine Amirfar, Nicholas Fletcher QC, and Susan D. Franck PART 3: The Confluence of EU Law and International Arbitration - Both Commercial and Investor-State by John Gaffney, Fidelma Macken SC, and Kaj Hober PART 4: Corporate Issues by Wolfgang Peter, Thomas H. Lee, and Vera Korzun
Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- E-books --- Mediation, International. --- International commercial arbitration. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Conciliation, International --- International conciliation --- International mediation --- Mediation --- Law and legislation --- Arbitrage international --- Médiation internationale. --- Arbitrage commercial international --- Congresses. --- Médiation internationale.
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Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.
International commercial arbitration. --- Arbitration and award, International. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- E-books --- Law --- General and Others
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"As demonstrated by this paper, the experience with the investor-state dispute settlement of a number of countries (mostly in the Asia-Pacific region) appears to have influenced the development of new international investment agreements (IIAs) by those countries. Observing how previous IIAs were interpreted and applied by arbitral tribunals, their governments have come up with new provisions and new language, which address most of the problems that arose in the context of investment disputes."--Publisher description
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This publication presents four studies which represent recent core work of the OECD Investment Committee. The first study, "Transparency and Third Party Participation in Investor-to-State Dispute Settlement ," aims to enhance understanding of the role of transparency and third party participation in investor-state dispute settlement procedures. It examines the current rules, steps taken to improve transparency, and the perceived advantages as well as the challenges of additional transparency. Two other studies touch upon two of the most frequently contested provisions in investor-state arbitration. "Fair and Equitable Treatment Standard in International Investment Law" clarifies the concept, based on jurisprudence and state practice. "‘Indirect Expropriation’ and the ‘Right to Regulate’ in International Investment Law" identifies the main criteria found in investment agreements and used by tribunals to articulate the difference between the two concepts. The final paper looks at most favoured nation treatment.
Investments, Foreign --- International commercial arbitration. --- Dispute resolution (Law) --- Law and legislation. --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Law and legislation --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Arbitration and award --- Conflict of laws
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Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests , a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.
Energy industries --- Investments, Foreign --- Energy policy --- International commercial arbitration --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Law and legislation --- Capital investments --- International cooperation --- Energy Charter Treaty. --- Arbitration and award --- Conflict of laws --- Industries --- Power resources --- International commercial arbitration. --- Law and legislation. --- Capital investments. --- International cooperation. --- Energy Charter Treaty --- ECT --- Arbitration and award, International. --- E-books
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Infrastructure (Economics) --- International commercial arbitration. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Capital, Social (Economics) --- Economic infrastructure --- Social capital (Economics) --- Social infrastructure --- Social overhead capital --- Economic development --- Human settlements --- Public goods --- Public works --- Capital --- Law and legislation --- Administrative law --- Administrative agencies --- Public administration --- Public contracts --- Government purchasing --- Trade regulation --- E-books
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Commercial law --- Economic relations. Trade --- #RBIB:TSCAT --- #BA01544 --- CH / Switzerland - Zwitserland - Suisse --- Foreign trade regulation --- Tariff --- Commercial policy --- International commercial arbitration --- Arbitration (International law) --- Commerce international --- Commerce extérieur --- Arbitrage international --- Tarif douanier --- Internationaal handelsrecht. --- Internationale arbitrage. --- Law and legislation --- Réglementation --- Droit --- Business, Economy and Management --- General and Others --- International Business & Transnational Corporations --- Arbitration, Education & Training --- Foreign Trade & Commercial Transactions --- Policies --- Regional and International Law --- Law --- Business, Economy and Management. --- Regional and International Law. --- Law. --- Economische betrekkingen. Handel --- Handelsrecht
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Modern investment treaties give private arbitrators power to determine whether governments should pay compensation to foreign investors for a wide range of sovereign acts. In recent years, particularly developing countries have incurred significant liabilities from investment treaty arbitration, which begs the question why they signed the treaties in the first place. Through a comprehensive and timely analysis, this book shows that governments in developing countries typically overestimated the economic benefits of investment treaties and practically ignored their risks. Rooted in insights on bounded rationality from behavioural psychology and economics, the analysis highlights how policy-makers often relied on inferential shortcuts when assessing the implications of the treaties, which resulted in systematic deviations from fully rational behaviour. This not only sheds new light on one of the most controversial legal regimes underwriting economic globalization but also provides a novel theoretical account of the often irrational, yet predictable, nature of economic diplomacy.
Investments, Foreign --- International economic relations. --- Investments, Foreign (International law) --- International commercial arbitration. --- International investment law --- Investment law, International --- International law --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- Law and legislation --- Investments, Foreign - Developing countries --- International economic relations
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This book analyses the role of international organizations in WTO dispute settlement as arising from a number of WTO disputes. In particular, the roles of the IMF, WIPO, WCO and WHO are addressed. The use of the Vienna Convention rules of interpretation framework allows an evaluation of the weight attributed to this material by the WTO adjudicator. This allows specific conclusions to be drawn regarding the level of institutional sensitivity of the WTO adjudicator to each of the organizations. As well as being a valuable source of research, the analysis will appeal to international law scholars, civil servants and law practitioners interested in the WTO and dispute settlement.
Foreign trade regulation. --- International agencies. --- Arbitration (International law) --- Associations, International --- IGOs (Intergovernmental organizations) --- Institutions, International --- Inter-governmental organizations --- Intergovernmental organizations --- International administration --- International associations --- International governmental organizations --- International institutions --- International organizations --- International unions --- Organizations, International --- Specialized agencies of the United Nations --- International cooperation --- Interorganizational relations --- Non-state actors (International relations) --- International organization --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law and legislation --- World Trade Organization. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- International agencies --- E-books --- Arbitration (international law). --- Law / international. --- World Trade Organization --- Law --- General and Others
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Immunities of foreign states --- Jurisdiction (International law) --- Government liability (International law) --- Immunités des Etats étrangers --- Juridiction (Droit international) --- Etat --- Responsabilité (Droit international) --- Immunities of foreign states. --- AA / International- internationaal --- 341.20 --- V26 - Droit international public - Internationaal publiekrecht --- INTERNATIONAAL PUBLIEKRECHT V 26 --- Personen en zaken van het internationaal recht. Internationale relaties: algemeenheden. --- Immunités des Etats étrangers --- Responsabilité (Droit international) --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Immunities of foreign sovereigns --- Jurisdictional immunities of foreign states --- Sovereign immunity (International law) --- State immunities (International law) --- Privileges and immunities --- Sovereignty --- International claims --- International law --- Claims --- Personen en zaken van het internationaal recht. Internationale relaties: algemeenheden --- Law and legislation
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