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Arbitration and award --- Arbitration and award, International

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"The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law."--Bloomsbury Publishing.

Arbitration and award, International. --- Arbitration agreements, Commercial. --- Public contracts. --- International commercial arbitration .

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International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

International finance --- International law --- Commercial law --- Investments, Foreign --- Arbitration and award, International --- Commercial treaties --- Law and legislation --- Arbitration and award, International. --- Commercial treaties. --- LAW / Arbitration, Negotiation, Mediation. --- Law and legislation. --- Arbitration and award, international. --- Investments, foreign --- Law / arbitration, negotiation, mediation. --- Investments, Foreign - Law and legislation --- Law --- General and Others --- International commercial arbitration.

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This is a concise guide for lawyers, valuation experts academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.

Investments, Foreign (International law) --- Compensation (Law) --- International commercial arbitration --- Law, Politics & Government --- Law, General & Comparative --- Arbitration and award, International. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- Law --- International investment law --- Investment law, International --- International law --- Law and legislation --- International commercial arbitration.

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Arbitration and award, International --- Arbitration agreements, Commercial --- Public contracts --- 341.522 --- Nd3 --- Government contracts --- Municipal contracts --- Contracts --- Contracting out --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation