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How much legal discretion do arbitrators truly have in investment treaty arbitration? Iura novit curia – literally "the judge knows the law" – is a well-established procedural principle across various legal systems, empowering and/or requiring adjudicators...
This book covers China’s practice in the past 20 years in four areas: China’s practice in investment treaty conclusion, China’s practice in the development of investment treaty, China’s practice in the investment dispute settlement, and...
This book engages with the concerns the rising phenomenon of arbitrations between private and public actors raises for principles of constitutional law - including democracy, the rule of law, and the protection of fundamental rights. It analyses how party-appointed,...
Alternative Dispute Resolution (ADR) is increasingly recognized as an attractive alternative to national court proceedings, especially in international business relations. This open access book focuses on ADR mechanisms in one specific geographical region: the Western...
The Jackson ADR Handbook^r was written to fulfil a recommendation by Lord Justice Jackson that there should be an authoritative handbook on alternative dispute resolution (ADR).The first edition, published in 2013, laid a strong foundation as an authoritative guide to...
This book addresses the topic of judicial review in international administrative law, focusing in particular on the case law of the most established international administrative tribunals (e.g the United Nations Appeal and Dispute Tribunals, the Administrative Tribunal...
In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act...
This book delves into the intricacies of encouraging African states' participation in a Multilateral Investment Court (MIC), set against the backdrop of their experiences with international investment agreements and the Investor-State Dispute Settlement (ISDS) system....
The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics.The book reviews the award...
Emergency Arbitration is the first work of its kind to provide clear and authoritative guidance on the practice and theory of this increasingly utilized procedure. By examining the leading emergency arbitration rules, the book identifies a common procedural framework...
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development.In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI...
This volume brings together the most important articles, lectures, and essays of Van Vechten (Johnny) Veeder, a towering figure in the worlds of international commercial arbitration and arbitration between States and foreign investors. As noted by Judge Stephen Schwebel...
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of...
The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations...
This book explores the meaning of 'investment' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the...
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