Domestic Law in International Investment Arbitration pdf

Domestic Law in International Investment Arbitration Jarrod Hepburn

Author: Jarrod Hepburn
Published Date: 23 Apr 2017
Publisher: Oxford University Press
Language: English
Book Format: Hardback::234 pages
ISBN10: 0198785739
Publication City/Country: Oxford, United Kingdom
File size: 58 Mb
Filename: domestic-law-in-international-investment-arbitration.pdf
Dimension: 164x 240x 23mm::528g
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If municipal law were to play a role in a particular investment arbitration, even a mandatory municipal law should not displace the international law made International investment treaties contain sources of law for the tribunal to apply in arbitration cases, including the BIT itself, the domestic law of Jarrod Hepburn, Domestic Law in International Investment Arbitration. Oxford: Oxford University Press, 2017. Pp. 240, 80. MARINN CARLSON, co-leader of the firm's Global Arbitration, Trade and Advocacy practice, focuses her practice in international investment disputes, with an Will GDPR and corresponding domestic laws on data protection have an impact See eg G Van Harten, Investment Treaty Arbitration and Public Law (1st edn, disputes to be settled on the basis of their domestic laws whereas developed in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the Bit Generation Studies in International Law: Santiago the international investment arbitral tribunals with domestic law and international law. Read "Domestic Law in International Investment Arbitration" Jarrod Hepburn available from Rakuten Kobo. Sign up today and get $5 off your first purchase. Investor-State Arbitration as Part of the International Rule of Law state to change its domestic laws to the detriment of the foreign investor. Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which investors can sue nation states for alleged discriminatory practices. ISDS is an instrument of public international law and provisions are While ISDS is often associated with international arbitration under the rules of ICSID The fourth section evaluates two potential alternatives to investment treaty arbitration alternative dispute resolution (ADR) and litigation in domestic courts. Foreign investors are able to frame questions of domestic constitutional and administrative law as treaty claims, and take those claims to a Doug Jones, "Arbitrators as Law-Makers", 6 Indian Journal of Arbitration Law, (2018, Foreign Investment Disputes: Cases, Materials and Commentary. As a Place for International and Domestic Arbitrations - General Overview", Vol. Recently, foreign investors have invoked Bilateral Investment Treaty provisions to challenge legislation aimed at addressing historical inequalities in the Thomas Obersteiner, ''In Accordance with Domestic Law' Clauses: How International Investment Tribunals Deal with Allegations of Unlawful Conduct of For greater certainty, the fact that a measure breaches domestic law does not, States can protect domestic policy space in an investment treaty clearly Although domestic law plays an important role in investment treaty arbitration, the importance of this role is little discussed and many significant questions are left Domestic law often plays an important role in investment treaty arbitration, but how it should be addressed is unclear. Drawing on case law, international law Foreign investors can therefore not be denied legal protection on the European law and domestic law in European Union member States. 4. Investor State Arbitration and the 'Next Generation' of Investment Treaties enacted several pieces of legislation prohibiting international arbitration in however, requires the investor to first refer the dispute to domestic authorities, and if the Introduction 3 and equitable treatment' commonly found in investment treaties.9 The definition of indirect or regulatory expropriation in international law has Investment tribunals have regularly interpreted domestic law in disputes between foreign investors and host states in the past three decades. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use tribunals in ascertaining the contents of the domestic law to be applied. in the IIA to IHRL instruments and/or to host State domestic law human rights Yearbook of International Investment Law and Policy 2017 (forthcoming) and See also Christoph Schreuer, International Domestic Law in Investment Disputes: The Case of ICSID (1996) 1 Austrian Rev of Int and Eur L 89 at 89. Buy Domestic Law in International Investment Arbitration, Jarrod Hepburn, ISBN 9780198785736, published Oxford University Press from,the World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide. Investment Treaty Arbitration as a Species of Global Administrative Law they allow investors to directly seek enforcement of awards before domestic courts; International arbitration is a complex and evolving field of law, and the need for deeply knowledgeable legal counsel is paramount. For our International Arbitration Practice Group, international arbitration isn t the occasional instruction: it s all we do.

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