Focussing on Investment, this book provides an overview of rules applicable to making and protecting foreign investments. It will enable the business community, in-house counsel, and government counsel to better understand the types of protection provided by international investment agreements and investment contracts, as well as the range of issues that arise in the arbitration of investment disputes.
With contributions from 25 legal experts, the book addresses:
- preliminary issues that an organisation contemplating making a foreign investment must consider;
- sources of investors’ rights with respect to their investments;
- the substance of investors’ rights;
- important jurisdictional issues;
- the process of investor-state dispute settlement.
User Friendly
Throughout the book, business guidance can be found in shaded boxes. Case descriptions and brief legal analyses appear in text boxes. Legal references and cases are provided in endnotes that follow each chapter.
Endorsements
“This Guide is a very useful and practical roadmap to the substantive and procedural matters that increasingly arise in investment arbitration. Its clear text and interesting illustrations of principles from actual cases make it a very useful read for both expert practitioners and for those who are looking at the subject from other disciplines or for the first time.”
Meg Kinnear, Secretary-general, International Centre for Settlement of Investment Disputes (ICSID)
“The study of international investment law has never been more important than in these times of ceaseless uncertainties. The authors of this volume do an admirable job of exploring and explaining dispute resolution regarding foreign investments, particularly the ICSID system, within the context of uncertainty. Students, practitioners and policy specialists alike will find much value in this work.”
Mark Kantor, Independent Arbitrator
“This is an excellent introduction to the entire field of international investment law and international mechanisms for the settlement of investment disputes. Written in a clear and accessible style by experts in the field, the book is both stimulating and enlightening to read. I recommend it highly to newcomers to investment law and dispute settlement, and to more expert readers wishing to refresh their knowledge with reliable accounts of recent developments.”
Antonio R. Parra, Honorary Secretary General, International Council for Commercial Arbitration
Target audience
In-house counsel, Government counsel, Practitioners both expert and new-comers, Policy specialists & Students.
| Code ISBN : | 978-92-842-0478-6 |
| Number of pages : | 216 |
| Publishing date : | 2018 |
| Language : | English |
| Format in cm : | 19*27 |
FOREWORD FROM THE INTERNATIONAL CHAMBER OF COMMERCE (Alexis Mourre, President, ICC International Court of Arbitration)
INTRODUCTION
1. PART I | CHAPTER 1: OVERVIEW (By Borzu Sabahi, Marat Umerov and Ian Laird)
2. PART II | PRE-INVESTMENT ISSUES (CHAPTERS 2 TO 5): Summary
a. CHAPTER 2: NATIONAL REGULATION OF FOREIGN INVESTMENT (By John Laird)
b. CHAPTER 3: EXTRATERRITORIAL APPLICATION OF HOME STATE LAWS SANCTIONS AND ANTI-CORRUPTION LEGISLATION (By James J. Saulino)
c. CHAPTER 4: TAXATION (By Marco A. Blanco and Olga R. Beloded)
d. CHAPTER 5: POLITICAL RISK INSURANCE AS A MEANS OF MANAGING INVESTMENT RISKS (By Michael Nolan and Erin Culbertson)
3. PART III | SOURCES OF INVESTORS’ RIGHTS (CHAPTERS 6 AND 7): Summary
a. CHAPTER 6: INTERNATIONAL INVESTMENT AGREEMENTS (By Hernando Otero)
b. CHAPTER 7: INVESTMENT CONTRACTS (By David Hesse)
4. PART IV | WHAT ARE THE INVESTORS’ RIGHTS? (CHAPTERS 8 AND 9): Summary
a. CHAPTER 8: SUBSTANTIVE PROTECTION (By Claudia Frutos-Peterson and Christina Trahanas)
b. CHAPTER 9: NATIONAL TREATMENT AND MOST-FAVOURED-NATION TREATMENT (By Jose Antonio Rivas, Jean Choi and Brian Bombassaro)
5. PART V | JURISDICTION (CHAPTERS 10 TO 12): Summary
a. CHAPTER 10: CONSENT, NATURE OF INVESTMENT, AND NATIONALITY (By Perry S. Bechky)
b. CHAPTER 11: TEMPORAL ISSUES, EXCEPTIONS, TAXES,
c. FORK-IN-THE-ROAD PROVISIONS AND WAIVERS (By Christopher Ryan)
d. CHAPTER 12: STATE RESPONSIBILITY (By Jose Antonio Rivas, Jean Choi and Brian Bombassaro)
6. PART VI | RESOLUTION OF INVESTMENT DISPUTES BETWEEN INVESTORS AND STATES (CHAPTERS 13 TO 26): Summary
a. CHAPTER 13: THE ARBITRATION PROCESS (By Joseph R. Profaizer)
b. CHAPTER 14: CHOICE OF COUNSEL (By Joseph R. Profaizer)
c. CHAPTER 15: ARBITRATORS — SELECTION AND CHALLENGE (By Matthew Kirtland)
d. CHAPTER 16: THIRD-PARTY FUNDING IN INVESTMENT DISPUTES (By Miriam K. Harwood, Simon Batifort and Christina Trahanas)
e. CHAPTER 17: INITIATION OF CLAIMS AND RELEVANT TIMING (By Joseph R. Profaizer)
f. CHAPTER 18: MEDIATION AND CONCILIATION (By Matthew Kirtland)
g. CHAPTER 19: INTERIM RELIEF (ARBITRAL TRIBUNAL AND COURTS) (By Matthew Kirtland)
h. CHAPTER 20: BIFURCATION (By Joseph R. Profaizer)
i. CHAPTER 21: EVIDENCE (By Kabir A.N. Duggal)
j. CHAPTER 22: COUNTERCLAIMS (By Jose Antonio Rivas, Jean Choi and Brian Bombassaro)
k. CHAPTER 23: DAMAGES AND VALUATION (By Borzu Sabahi)
l. CHAPTER 24: ANNULMENT AND SET-ASIDE OF AWARDS (By Juan Felipe Merizalde Urdaneta and David L. Attanasio)
m. CHAPTER 25: RECOGNITION AND ENFORCEMENT OF AWARDS (By Juan Felipe Merizalde Urdaneta and David L. Attanasio)
n. CHAPTER 26: TRANSPARENCY IN INVESTMENT ARBITRATION (By James J. Saulino)
ABOUT THE AUTHORS
INDEX
TABLE OF CASES
ICC PUBLICATIONS
THE ICC INTERNATIONAL COURT OF ARBITRATION.