Investment Treaty Arbitration : Judging Under Uncertainty.

Investment Treaty Arbitration : Judging Under Uncertainty.

How do arbitrators decide in the face of the uncertainty of the law between alternatives which may be equally justified?

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Bibliographic Details
Main Author: Rigo Sureda, Andrés
Format: eBook
Language:English
Published: Cambridge : Cambridge University Press, 2012.
Series:Hersch Lauterpacht Memorial Lectures, 20.
Subjects:
Investments, Foreign > Law and legislation.
International commercial arbitration.
Commercial treaties.
LAW > Securities.
Commercial treaties
International commercial arbitration
Investments, Foreign > Law and legislation
Online Access:Click for online access
Table of Contents:
  • Cover; Investment Treaty Arbitration: Judging Under Uncertainty; Recent books in the Hersch Lauterpacht Memorial Lecture Series; Title; Copyright; Contents; Foreword; Acknowledgements; Table of cases; Introduction; Part I Discretion: the search for meaning; 1 Uncertainty, judicial discretion and policy; 2 Treaty interpretation; 1. Clarity and common sense; 2. Balance between purposes; 3. Balance between purpose and text; 4. Interpretation of silence: the MFN clause controversy; 5. Interpretation of umbrella clauses; 6. The weight of the non-disputing State party; Part II The search for limits.
  • Introduction3 Form or substance: the nationality of corporate claimants; 1. Direct and indirect control; 2. Transfer of shares; 3. Indirect control by nationals of the host State; 4. Misrepresentation; 4 Multiple approaches to define investment; 1. The comprehensive approach; 2. Form or substance; 3. Elements of |investment': description or jurisdiction; (a) Risk; (b) Duration; (c) Contribution; 4. Contribution of investment to economic development; 5 Legitimate expectations, risk and due diligence; 1. Fair and equitable treatment; (a) At what level is the standard set?
  • (B) Objective or subjective standard?(c) Application of the standard; 2. Full protection and security; 3. Expectations and investor awareness of the BIT; Part III The search for consistency; Introduction; 6 Principles; 7 Precedent; 1. The weight of precedent; 2. Precedent and values; 3. The interpretation of precedent: ratio decidendi and obiter dicta; 4. Towards a stronger doctrine of precedent?; 8 Publicists; Conclusion; Bibliography; Index.

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