International law: arbitration Books

Book SynopsisRedfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world.The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the ''soft law'' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration.This shorter, paperback edition does not include the appendices.Trade ReviewRedfern & Hunter is more than the ever-green reference work par excellence on international arbitration; its authors have always contributed their erudition to ageless matters of conjecture and discernment. * Professor Jan Paulsson, University of Miami Law School *This is undoubtedly a must-have work in the library of any student, arbitrator or lawyer acting in international arbitration in any jurisdiction. * Marcelo Roberto Ferro, FCDG *Redfern and Hunter on International Arbitration has proved itself as an influential text, both for students and first-timers in the international area, as well as for more experienced practitioners looking to identify general applicable principles developed through practice and relevant to both substance and the procedural rules of international tribunals. * Professor Julian DM Lew KC, Queen Mary University of London, Twenty Essex *Table of ContentsForeword Preface 1: An Overview of International Arbitration 2: Agreement to Arbitrate 3: Applicable Laws 4: The Establishment and Organisation of an Arbitral Tribunal 5: Powers, Duties, and Jurisdiction of an Arbitral Tribunal 6: Conduct of the Proceedings 7: The Role of National Courts during the Proceedings 8: Arbitration under Investment Treaties 9: The Award 10: Challenge of Arbitral Awards 11: Recognition and Enforcement of Arbitral Awards

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Book SynopsisThere is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law''s muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taTable of Contents1: David Schneiderman and Gus Van Harten: Introduction 2: David Schneiderman: National Treatment 3: Anil Yilmaz Vastardis: Most Favoured Nation Treatment 4: Nicolás M. Perrone: Expropriation 5: Fola Adeleke and Gus Van Harten: The Minimum Standard of Treatment 6: Mavluda Sattorova: Denial of Justice and Judicial Measures 7: Josef Ost%ranský: Fair and Equitable Treatment 8: Ibironke T. Odumosu-Ayanu: Umbrella Clauses 9: Ximena Sierra-Camargo and Federico Suárez-Ricaurte: The Right to Regulate 10: Juan Carlos Boué: The Determination of Quantum and Claim Inflation 11: M. Sornarajah: Conclusion: Containing the Pernicious Regime of Investment Arbitration

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Book SynopsisInternational investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor''s home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests.This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significanceTable of ContentsPART I: INTERNATIONAL INVESTMENT AND THE LAW ; PART II: THE NATIONAL LEGAL FRAMEWORK ; PART III: THE CONTRACTUAL FRAMEWORK ; PART IV: THE INTERNATIONAL LEGAL FRAMEWORK ; PART V: CONCLUSION

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Book SynopsisVery Short Introductions: Brilliant, Sharp, InspiringArbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games.This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of ContentsPrologue 1: Where does arbitration come from? 2: How does arbitration work? 3: From financial crises to doping disputes: "I will see you in... arbitration!" 4: Arbitration and the law 5: The geopolitics of arbitration against governments 6: Where is arbitration going? References Further Reading Index

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Book SynopsisThis book covers the origins and development of the International Centre for Settlement of Investment Disputes (ICSID) and its Convention, from 1955 to 2015. It includes accounts of the formulation of the Convention, the elaboration of ICSID's Regulations and Rules and analysis of the cases submitted since the entry into force of the Convention.Trade ReviewIn sum, this is an outstanding work that shows how important the convention has been for the development of a system of international treaty arbitration ... This book is a must-have for all who work in this field. * . Nicos Lavranos, European Investment Law and Arbitration Review *Parra's account of ICSID is authoritative and comprehensive ... his exemplary thoroughness makes this an invaluable resource that will be used for a long time to come. * Taylor St. John, Journal of World Investment & Trade *This book is undoubtedly a useful source for anyone who deals with ICSID arbitration, whether in practice or for research [...] I take this opportunity to congratulate the author for a unique contribution to an ever-growing body of investment arbitration literature and recommend his work - without hesitation - for its impeccable scholarship. * Gordon Blanke, The CIArb Journal (2018) *Who better to write (and now update) the history of the World Banks investor-state dispute mechanism and institution (ICSID) than the man described as its institutional memory, who served as its deputy secretary-general from 1999-2005? ... This history of ICSID encapsulates its place in the pantheon of dispute resolution forums, in a positive and comprehensive way, and is a very useful resource for those seeking to put such disputes in their institutional context. * Philippa Charles, Stewarts Law LLP (Law Gazette) *Antonio Parra has harnessed more than a decade's worth of experience in this user friendly but comprehensive history of the Centre ... All in all, the book, through its accessible presentation of the establishment and evolution of the Centre throughout the decades, is an essential introduction to anyone interested in investor-state dispute settlement. * Bernard Hanotiau & Iuliana Iancu, Hanotiau & van den Berg (Journal of International Arbitration) *Table of Contents1: Introduction 2: Origins of the Convention 3: Broches's "Working Paper" 4: The Preliminary Draft of the Convention 5: Finalizing the Text of the Convention 6: Establishment and Launch of the Centre 7: ICSID's First Two Decades 8: Aspects of the Early Cases 9: ICSID from 1989 to 1999 10: ICSID from 2000 to 2010 11: "The Premier International Arbitration Facility in the World" 12: Conclusion

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Book SynopsisThis volume offers a study of when and why contested international norms decline. It includes four contemporary case studies (the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the ICC, and commercial whaling) and two historical case studies (privateering and the transatlantic slave trade).Trade ReviewThis timely study tests the limits of normative contestation. This team of scholars show that it is important to distinguish challenges to the application of a norm from those that challenge the very validity of the norm itself. The former may help to bring potential adherents onboard, while the latter is more likely to spell instability. This study makes an important contribution at a time when international norms seem besieged from the left and the right. * Beth Simmons, Andrea Mitchell University Professor in Law, Political Science and Business Ethics University of Pennsylvania *International Norm Disputes unpacks the effects of international norm contestation, arguing that disputes over the application of norms can shift their content, but arguments over the validity of norms can undermine them. A striking finding, across six rich and nuanced case studies, is that the clustering of norms and their embeddedness in institutions that promote procedural fairness enhance norm robustness. The book offers an important advance in our understanding of international norm dynamics. * Wayne Sandholtz, John A. McCone Chair in International Relations, Professor of International Relations and Law, University of Southern California *International Norm Disputes is the long-awaited summary of a decade of frontline research on the contestation of international norms. Combining theory development, in-depth case studies, and comparison, the book significantly advances our understanding of the normative robustness of the liberal international order. * Jonas Tallberg, Professor of Political Science University of Stockholm *This book represents a major milestone in the study of norm contestations and norm robustness. The distinction between applicatory and validity contestations specifies the conditions under which challenges to international norms strengthen or weaken international institutions. A "must read!" at a time when the liberal international order faces deep contestations! * Thomas Risse, Director, Berlin International College of Research and Graduate Training Senior Professor, Cluster of Excellence "Contestations of the Liberal Script" Freie Universität Berlin *Table of Contents1: Introduction: Contestation and the dynamics of norm robustness 2: The international torture prohibition: A contested norm endures 3: The responsibility to protect: A robust but changing norm? 4: Contesting the IWC moratorium on commercial whaling: A norm weakens at the international level 5: Losing Africa? Contestation and the decline in the ICC's regional robustness 6: Bad pirates, good privateers? The surprising robustness of privateering norms 7: The Atlantic slave trade: Stabilization through contestation 8: Norm disputes: Comparative insights for theory and practice Appendix: Coding schemes for applicatory and validity contestation

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Book SynopsisThis volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Leading practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.Trade Review...Indisputably relevant for an understanding of what is currently the meaning of the different standards applicable to investments and the emerging trends in case law related to such standards. * Revue de Droit des Affaires Internationales *This book provides a good overview of the substantive framework of investment protection * ASA Bulletin *The papers in this volume add substantial academic value with their discussion if the burgeoning case law arbitral tribunals. The contributors of these papers provide a sophisticated and helpful discussion of the standards of investment protection. This book is worthy of attention by every international lawyer with an interest in this area. * International and Comparative Law Quarterly *This book provides a good overview of the substantive framework of investment protection. * ASA BULLETIN *This book is worthy of attention by every international lawyer with an interest in this area * John Townsend, International and Comparative Law Quarterly *Table of ContentsIntroduction ; 1. Admission ; 2. National Treatment ; 3. Most-favoured Nation Treatment ; 4. Arbitrary and Unreasonable Measures ; 5. Fair and Equitable Treatment ; 6. Full Protection and Security ; 7. Indirect Expropriation ; 8. Legality of Expropriation ; 9. Transfers

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Book SynopsisThis book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.Trade ReviewReview from previous edition The expansion of bilateral investment treaties (BITs) and regional agreements dealing with investment, and the increasing number of awards applying them in disputes between foreign investors and host States makes this book quite timely. Although there have been several efforts to present the subject-matter in a single volume, this is the first successful attempt to do so in clear and authoritative terms, maintaining an appropriate balance between conciseness and completeness...this work not only deals with "principles" as the title indicates, but systematically and meticulously covers all the issues that have presented themselves in this subsector of international law. * Giorgio Sacerdoti, Italian Yearbook of International Law, Vol XVIII *This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases. * Crina Baltag - Queen Mary, University of London *Clearly written and take[s] a comprehensive approach to the major issues and principles of international investment law...a useful guide not only for novices in the field of investment law, but also for experienced practitioners since [it] represent[s] a powerful reference tool...[The book is] equally useful for counsel representing investors and states, arbitrators and negotiators of investment treaties, as [it] contain[s] excellent information and references, as well as pertinent commentaries and stimulating ideas. * Crina Baltag, British Yearbook of International Law *Table of ContentsI. BACKGROUND AND INTRODUCTION; II. INVESTORS AND INVESTMENTS COVERED BY INTERNATIONAL AGREEMENTS; III. INVESTMENT CONTRACTS; IV. ADMISSION AND ESTABLISHMENT; V. PRINCIPLES OF PROTECTION - SUBSTANTIVE STANDARDS; VI. QUESTIONS OF STATE RESPONSIBILITY; VII. POLITICAL RISK INSURANCE; VIII. SETTLING INVESTMENT DISPUTES; ANNEXES

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Book SynopsisThis is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the Trade ReviewThis is an excellent monograph that makes important inroads to investment arbitration and will no doubt make a wonderful companion to anyone with a serious interest in this field. * Ilias Bantekas, Transnational Dispute Management *The author's critical analysis of the multifarious shades and lights of such a complex subject has made it a worthwhile reading for gaining some insight into the subject. International lawyers, international investment lawyers, international arbitration law experts, international arbitrators and academics in the field will find the study of great value for some time to come. The study is a most up-to-date one in the field as well. * A F M Maniruzzaman, Manchester Journal of International Economic Law *Table of Contents1. General Introduction ; 2. Territorialized and Internationalized Arbitration Tribunals ; 3. Choice-Of-Law Rules ; 4. The Scope of the Arbitration Agreement: Claims and Counterclaims of a National and/or International Nature ; 5. The Primary Applicability of National Law and the Role of International Law ; 6. The Primary Applicability of International Law and the Role of National Law ; 7. Concurrent Application of, and Reference to, National and International Law in Case of Consistency ; 8. Concluding Observations

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Book SynopsisOpportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, needs to know wTable of ContentsPART 1: BACKGROUND; PART 2: THE NINE BASIC PRINCIPLES; PART 3: CONCLUDING REMARKS

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Book SynopsisIn recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.

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Book SynopsisStarting with the first substantial body of primary sources, the epics of Homer and Hesiod in the 7th century, and ending with the fall of Egypt to the Romans in 30BC, this volume describes the development of mediation, arbitration and other ways of resolving disputes, other than litigation.

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Book SynopsisTrade Review‘Dr Yu’s use of “constructivism” as the starting point to reform international investment law is a breath of fresh air in the sea of troubleshooting literature. Whether or not one shares her optimism that a currently divided field of study can one day bear witness to the institutionalization of shared understandings and values, Dr Yu’s cross-disciplinary approach has much to commend it. Thoroughly researched and deftly written, this book will appeal to a broad spectrum of stakeholders in international investment law.’ -- Jean Ho, National University of Singapore, Singapore‘Dr Chen Yu’s book presents a timely, innovative and thought-provoking study on the cutting-edge issue of dispute settlement and reform of international investment law through legalization theory. With its rich theoretical and empirical contents, this book represents a major contribution to contemporary international economic law.’ -- Manjiao Chi, University of International Business and Economics, ChinaTable of ContentsContents: 1. Introduction: legitimacy criticisms of ISDS and an interdisciplinary approach 2. The notion of legalization in the context of international investment law 3. Shared understandings and interactional law-making 4. Internal constraints: adjudication as a mode of social ordering 5. Legalizing international investment law Conclusion Bibliography Index

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Book SynopsisTrade Review‘The book contains 10 chapters across 170 pages, wherein Ferrari et al. do an excellent job of introducing the uninitiated to “internationalist” perspectives of the recognition and enforcement of foreign arbitral awards, greatly simplifying the topic to ensure the reader’s comprehension. However, experts in this area of law will equally enjoy the extensive comparative jurisprudence that is drawn upon in the book. Besides, it makes for a very interesting read: I finished it in just two days!’ -- Chukwuma Okoli, Conflictoflaws.net blog‘Quintessence is the queen of a land of speculative science in Rabelais' Gargantua. The New York Convention is our quintessence in the art that we call international arbitration. We can be grateful that we are able to practice our trade with the benefit of the insights of those who scrutinize our field around the world. Guidance on the New York Convention should be as practical and intellectually stimulating as this book.’ -- Julie Bédard, Skadden, Arps, Slate, Meagher & Flom LLP, US and BrazilTable of ContentsContents: 1. The New York Convention as an instrument of uniform law 2. Scope of application 3. The recognition and enforcement of arbitration agreements 4. The duty to recognize and enforce arbitral awards and its limitations 5. Grounds for refusal related to jurisdiction 6. Grounds for refusal related to proper notice and the ability to present one’s case 7. Grounds for refusal related to procedure 8. Grounds for refusal related to the award’s status under the law applicable to it 9. Grounds for refusal related to public policy 10. The procedure and formal requirements for recognition and enforcement Index

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Book SynopsisThis Encyclopedia provides a concise overview of key topics in the field of international arbitration. It covers the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration and the IBA Guidelines on conflicts of interest, party representation and the taking of evidence, among many other fundamental matters.

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Book SynopsisTrade Review‘This outstanding book provides a rigorous examination of the complex legal issues raised by the cross-border protection of trade secrets in today’s knowledge-based society. It is a unique contribution that will influence the future interpretation and application of European private international law rules in this field.’ -- Pedro De Miguel Asensio, Complutense University of Madrid, Spain'For anyone transferring technology into EU member states, this is an important book. To encourage innovation, the EU upgraded its substantive trade secrecy law. It did not, however, consider private international law. This book fills that gap with a thorough, learned, and highly readable discussion of jurisdiction and applicable law.' -- Rochelle Dreyfuss, New York University, US‘Trade secrets are still too often seen as ancillary to registered IP rights, whereas they are crucial in our borderless data-driven economy. This excellent study looks at how private international law deals with cross-border trade secret disputes. It does so in a clear and comprehensive manner. This is essential reading!’ -- Paul Torremans, University of Nottingham, UK‘How can lawyers prepare for cross-border trade secret disputes? Such cases require combined expertise in different areas, such as international commercial contracting, private international law and intellectual property law or related rights. This book facilitates this task by providing a comprehensive and clear analysis of the relevant rules in the European Union. It guides practitioners and scholars to reflect on how and where such cross-border trade secret disputes can be taken to courts, and how this specialized legal area could be better designed in the future.’ -- Marta Pertegás Sender, Maastricht University, the NetherlandsTable of ContentsContents: PART I THE FACTUAL, THEORETICAL AND SUBSTANTIVE LAW BACKGROUND. 1 Introduction to cross-border trade secret disputes 2 The factual and theoretical background to trade secret protection 3 The international framework for the protection of trade secrets 4 The protection of trade secrets in the European Union PART II TRADE SECRETS AND PRIVATE INTERNATIONAL LAW. 5 Characterisation in European private international law 6 The international private international law framework for trade secret protection 7 Jurisdiction over trade secret disputes in the European Union 8 The law applicable to trade secret disputes in the European Union 9 Overriding mandatory rules, public policy and non-excludable rules in the Trade Secret Directive 10 Conclusions on jurisdiction and applicable law with respect to cross-border trade secret disputes Index

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Book SynopsisTrade Review‘The book contains 10 chapters across 170 pages, wherein Ferrari et al. do an excellent job of introducing the uninitiated to “internationalist” perspectives of the recognition and enforcement of foreign arbitral awards, greatly simplifying the topic to ensure the reader’s comprehension. However, experts in this area of law will equally enjoy the extensive comparative jurisprudence that is drawn upon in the book. Besides, it makes for a very interesting read: I finished it in just two days!’ -- Chukwuma Okoli, Conflictoflaws.net blog‘Quintessence is the queen of a land of speculative science in Rabelais' Gargantua. The New York Convention is our quintessence in the art that we call international arbitration. We can be grateful that we are able to practice our trade with the benefit of the insights of those who scrutinize our field around the world. Guidance on the New York Convention should be as practical and intellectually stimulating as this book.’ -- Julie Bédard, Skadden, Arps, Slate, Meagher & Flom LLP, US and BrazilTable of ContentsContents: 1. The New York Convention as an instrument of uniform law 2. Scope of application 3. The recognition and enforcement of arbitration agreements 4. The duty to recognize and enforce arbitral awards and its limitations 5. Grounds for refusal related to jurisdiction 6. Grounds for refusal related to proper notice and the ability to present one’s case 7. Grounds for refusal related to procedure 8. Grounds for refusal related to the award’s status under the law applicable to it 9. Grounds for refusal related to public policy 10. The procedure and formal requirements for recognition and enforcement Index

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Book SynopsisInternational investment law and arbitration is its own ''galaxy'', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.Trade Review'Rules and Practices of International Investment Law and Arbitration is a remarkably clear and accessible treatment of what is currently the most complex and dynamic area of international law. While established substantive and procedural concepts are thoroughly explained, Professor Radi does not shy from revealing the critical fault lines and perennial bugbears in the field in their most controversial light. Beyond showing us the status quo, the coverage of the evolution in treaty practice and new policy initiatives makes this book a harbinger of the path to ISDS reform.' Brooks W. Daly, Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration'A clear, precise, well-constructed work that provides an effective key to understanding a subject that has become complex and prolific. The author has been able to take sufficient distance to grasp the dominant logic as the main features of this branch of international law, while providing precise analyses of the evolution of arbitral jurisprudence. An indispensable tool for students and practitioners alike.' Pierre-Marie Dupuy, Emeritus Professor, University Paris 2 Panthéon-Assas'This book offers an extensive, practice-oriented analysis of the procedural, substantive and institutional aspects pertaining to international investment law, while also exploring its theoretical underpinnings and recent crisis of legitimacy. Professor Dr Radi has written a comprehensive work of reference that will be extremely useful for scholars and practitioners of investment arbitration alike.' Albert Jan van den Berg, Founding Partner, Hanotiau & van den BergTable of Contents1. The History of International Investment Law and Arbitration; 2. The Sources of International Investment Law and Arbitration; 3. Introduction to the Substantive Rules Protecting Foreign Investments and Public Interests; 4. Promotion, Facilitation, Admission and Establishment of Foreign Investments; 5. Standards of Treatment; 6. The Protection Against Illegal Expropriation; 7. Public Interest Limitations on Foreign Investors' Protection; 8. Obligations to Protect and Respect Public Interests; 9. Insurance Against Political Risks; 10. Classification of Investment-related Disputes and Dispute Settlement Mechanisms; 11. Investor-State Arbitration: Historical, Institutional and Procedural Dimensions; 12. Applicable Law and Interpretation; 13. Provisional Measures; 14. Jurisdiction and Admissibility; 15. Investor-State Arbitration and the Law of State Responsibility:Attribution, Circumstances Precluding Wrongfulness and Reparation; 16. ICSID Convention Annulment Proceedings.

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Book SynopsisThis book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.Trade Review'A truly international treatise where theory meets actual practice. Not only does this book provide a useful and interesting background to the UNCITRAL Model Law, but more critically an instructive and in-depth analysis of each article, describing its purpose and application across numerous jurisdictions. Clearly a useful and practical addition to the existing body of law.' Alexis Mourre, President of the ICC International Court of Arbitration'We now have the pleasure of a commentary that does justice to the significant achievements of the UNCITRAL Model Law. A diverse group of authors thoroughly analyse each of its 36 articles, comparing each one's application in various jurisdictions, without ever losing sight of the Model Law's initial raison d'être. An enlightening and accessible treatise that is fundamental to a proper understanding of this increasingly widespread legal text.' Emmanuel Gaillard, Professor of Law, Head of Shearman and Sterling's International Arbitration practice and Global Head of its Disputes Unit'The Model Law is one of the main pillars upon which modern international arbitration has been built and prospered; it has gone a long way to achieve the aim of harmonisation, which makes doing business in different jurisdictions more certain. This Commentary by experienced practitioners and academics is timely, as the Model Law has been adopted in many jurisdictions. The book is essential for international business as well as teaching.' Neil Kaplan, Arbitrator, Arbitration Chambers, Hong Kong'A starting point for anyone investigating the UNCITRAL Model Law, or any of the 111 jurisdictions it has been adopted in. The book provides a clear, easily accessible and insightful comparative legal analysis of the world's primary instrument of arbitration law. An absolute essential, both for practitioners and academics.' Bas van Zelst, Co-Head of Van Doorne's Arbitration Group, and Professor of Dispute Resolution and Arbitration, Maastricht University'This work is an excellent value-add to the field: it consolidates in one tome a clear analysis of each section of the UNCITRAL Model Law in the light of the pertinent travaux préparatoires and key case law and arbitral decisions, supplemented with insightful commentary. Particularly for practitioners needing to address real-life issues under the Model Law in the course of their cases, this book will be an excellent time-saving resource.' José Astigarraga, Partner, ReedSmith LLPTable of Contents1. Scope of application Michael Polkinghorne, Tuuli Timonen and Nika Larkimo; 2. Definitions and rules of interpretation Pietro Ortolani; 2a. International origin and general principles Ilias Bantekas; 3. Receipt of written communications Ilias Bantekas; 4. Waiver of right to object Ilias Bantekas; 5. Extent of court intervention Manuel E. Gomez; 6. Court or other authority for certain functions of arbitration assistance and supervision Shahla Ali and Odysseas G. Repousis; 7. Definition and form of arbitration agreement Ilias Bantekas and Pietro Ortolani; 8. Arbitration agreement and substantive claim before court Ilias Bantekas; 9. Arbitration agreement and interim measures by court Shahla Ali and Odysseas G. Repousis; 10. Number of arbitrators Ilias Bantekas; 11. Appointment of arbitrators Shahla Ali and Odysseas G. Repousis; 12. Grounds for challenge Pietro Ortolani; 13. Challenge procedure Manuel E. Gomez; 14. Failure or impossibility to act Michael Polkinghorne, Kirsten Odynski, Mariele Coulet-Diaz and Zehaan Trivedi; 15. Appointment of substitute arbitrator Pietro Ortolani; 16. Competence of arbitral tribunal to rule on its own jurisdiction Michael Polkinghorne, Alvaro Peralta, Hazel Levent and Gwen Wackwitz; 17. Power of arbitral tribunal to order interim measures Pietro Ortolani; 18. Equal treatment of parties Ilias Bantekas; 19. Determination of rules of procedure Manuel E. Gomez and Ikram Ullah; 20. Place of arbitration Pietro Ortolani; 21. Commencement of arbitral proceedings Shahla Ali and Tom Kabau; 22. Language Ilias Bantekas; 23. Statements of claim and defence Shahla Ali and Tom Kabau; 24. Hearings and written proceedings Pietro Ortolani; 25. Default of a part Manuel Gomez; 26. Expert appointed by arbitral tribunal Michael Polkinghorne, Karim Mariey and Tomas Vail; 27. Court assistance in taking evidence Shahla Ali and Odysseas G Repousis; 28. Rules applicable to substance of dispute Ilias Bantekas; 29. Decision-making by panel of arbitrators Manuel Gomez; 30. Settlement Michael Polkinghorne and Poorvi Satija; 31. Form and contents of award Ilias Bantekas; 32. Termination of proceedings Ilias Bantekas; 33. Correction and interpretation of award: additional award Ilias Bantekas and Ikram Ullah; 34. Application for setting aside as exclusive recourse against arbitral award Pietro Ortolani; 35. Recognition and enforcement Pietro Ortolani; 36. Grounds for refusing recognition and enforcement Michael Polkinghorne, Jack Biggs, Anna Chuwen Dai and Tolu Obamuroh.

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Book SynopsisThe manual deals with the relevant legal framework and the confidentiality of the arbitration procedure after an introduction into the peculiarities of arbitration disputes concerning IP disputes. Special emphasis is placed on the recitals in the drafting of the agreement, including the special features of the FRAND arbitration procedure. Furthermore, a description of what is to be observed in the implementation of the arbitration procedure and what remedies are available to the arbitration parties are presented in a practical manner. Finally, questions of the enforcement of arbitration laws in the field of intellectual property are dealt with. An indispensable tool for lawyers and patent attorneys.

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Book SynopsisThis is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom. This title is included in Bloomsbury Professional's International Arbitration online service.Table of Contents1. THE LEGAL AND ECONOMIC ORIGINS OF THE BERMUDA FORM Policy Forms and Liability Problems US Legal Decisions on Insurance Coverage Issues The Creation of ACE and XL Key Features of the Bermuda Form 2. THE BERMUDA FORM: ITS BASIC STRUCTURE An Occurrence Reported Form The Period of Cover: Coverage A and B Limits The Excess Point The Inception and Retroactive Coverage Dates The Exclusions The Conditions Schedules and Endorsements 3. CHOICE OF LAW ISSUES UNDER THE BERMUDA FORM Identifying the Relevant Governing Law The Division between Substance and Procedure 4. INTERPRETATION OF THE BERMUDA FORM AND THE MODIFICATION OF NEW YORK LAW The Structure of the Modification of the New York Law Proviso Interpretation of Insurance Contracts: The Basic Approach Interpretation of the Modification of the New York Law Proviso The ‘Forbidden Grounds’ Fruit of the Poisonous Tree? 5. THE COVERAGE CLAUSE Insurance against Liability The Insured Ultimate Net Loss/All Sums Insurance … For Damages Judgments Settlements by the Policyholder Mitigation of Damages Allocation of Payments Personal Injury, Property Damage and Advertising Liability Personal Injury Property Damage Advertising Liability Other Aspects of the Coverage Clause 6. THE DEFINITION OF ‘OCCURRENCE’ Introduction ‘Occurrence’: The Basic Definition Aggregation Expected or Intended Injury 6 7. FORTUITY, EXPECTED OR INTENDED, AND THE ‘MAINTENANCE DEDUCTIBLE’ Introduction Fortuity and Related Doctrines Expectation and Intention The ‘Maintenance Deductible’ 8. NOTICE OF OCCURRENCE Introduction Method of Giving Notice Notice as a Condition of Coverage Notice as a Trigger of Coverage: Legal and Practical Considerations 9. ARTICLE II: THE EXCESS POINT AND LIMITS OF LIABILITY The Excess Point The Other Insurance Condition The Policy Limits Joint Ventures, Partnerships and Minority Interests 10. THE EXCLUSIONS Introduction 6 Interpretation of Exclusion Clauses: General Principles and the Effect of the Bermuda Form’s Modification of New York Law Causation The Specific Exclusions in the Bermuda Form: Introduction The ‘Prior to Inception or Retroactive Coverage Date’ and ‘Other Insurance’ Exclusion The ‘Workers’ Compensation, etc’ Exclusion The ‘Professional Services’ Exclusion The ‘Owned Property; Care, Custody or Control, etc’ Exclusion The ‘Products Liability’ Exclusions (‘Efficacy, Loss of Use, etc’) The ‘Advertising’ Exclusion The ‘War’ Exclusion The ‘Toxic Substances’ Exclusion The ‘Aircraft’ Exclusion The ‘Watercraft’ Exclusion The ‘Pollution’ Exclusion The ‘Nuclear’ and the ‘Radioactive Contamination (Outside the United States)’ Exclusions The ‘Erisa’ Exclusion The ‘Repetitive Stress’ Exclusion The ‘Securities, Antitrust, etc’ Exclusion 11. THE CONDITIONS The Premium Condition The Inspection Condition The Cross-liability Condition The Notice of Occurrence Condition The Assistance and Co-operation Condition The Appeals Condition The Loss Payable Condition The Representation Condition The Other Insurance Condition The Subrogation Condition The Changes Condition The Assignment Condition The Cancellation Condition The Currency Condition The Arbitration Condition The Conflicting Statutes Condition The Law of Construction and Interpretation Condition The Proration of Losses Condition The Liability of the Company Condition The Policy Extension Condition The Reinstatement Condition The Discovery Period Condition The Expiration Date Condition The Former Subsidiaries, Affiliates and Associated Companies Condition The Notice Condition The Headings Condition 12. MISREPRESENTATION AND NON-DISCLOSURE Introduction Non-Disclosure under New York Law Misrepresentation under New York Law Remedy for Misrepresentation 13. WAIVER AND ESTOPPEL AND RESERVATIONS OF RIGHTS Introduction Waiver Estoppel The ‘Changes’ Condition in the Bermuda Form 14. COMMENCING A BERMUDA FORM ARBITRATION AND APPOINTING ATTORNEYS AND ARBITRATORS Introduction Legal Representation The Commencement of Arbitration The Selection of an Arbitrator Appendix: Notice to Commence Arbitration 15. THE COURSE AND CONDUCT OF A BERMUDA FORM ARBITRATION IN LONDON Introduction The Overall Shape of the Arbitration The ‘Pleadings’ Stage The First Order for Directions Confidentiality Discovery of Documents Preliminary Issues or ‘Bifurcation’ Witness Statements Expert Evidence Preparation for the Substantive Hearing The Substantive Hearing The Award and Post-Award Events Appendix 1: First Order for Directions Appendix 2: Protective Order 16. DISCOVERY, PRIVILEGE AND WAIVER OF PRIVILEGE General Principles Discovery in Arbitration in Practice Legal Professional Privilege Waiver of Privilege Confidential Documents Other Forms of Discovery 17. INTEREST AND COSTS Interest Costs

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Book SynopsisThis is the leading work on Swiss arbitration law by a recognised team of experts. The fully revised and supplemented Fourth Edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland, including on the recent revision of Chapter 12 PILA in 2020. It provides a comprehensive analysis of all relevant aspects of arbitration, including the concept of arbitration, the sources of arbitration, arbitrability, and all aspects concerning the validity and scope of the arbitration agreement and its autonomy. Other topics include competence-competence, the jurisdiction of the arbitral tribunal, the arbitral procedure, the effects and limits of arbitral awards, setting aside as well as the recognition and enforcement of awards in Switzerland. All practitioners in the field will find this new edition invaluable.

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Book SynopsisThis book marks the fourth amendment of the Rules and Regulations since 1968. As a result, the legal framework of ICSID proceedings has been modernised, simplified and streamlined. A team of renowned practitioners and rising stars in the field of International Arbitration have analysed these updated frameworks, which include the ICSID Arbitration Rules, the Conciliation Rules, the Institution Rules as well as the Administrative and Financial Regulations, to offer practical and theoretical guidance for experienced lawyers and beginners in the field. The book also provides detailed background information on the amendment procedure of each provision and gives insight into whether existing case law remains relevant to the application of the new Rules and Regulations.

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Book SynopsisEckart Brödermann is Parter at Brödermann Jahn Rechtsanwaltsgesellschaft mbH, Germany.Björn Etgen is Partner at GvW Graf von Westphalen, Germany.

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Book Synopsis

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Book SynopsisIn "Constitution, Arbitration and Courts", arbitration is examined as it began, as an extra-judicial mechanism for resolving disputes. Private arbitration predates the public court system. The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Communities introduced arbitration systems intended to resolve their communal conflicts in accordance with custom, equity and internal law. Arbitration threatened a momentous basis of judicial business, as well as judicial jobs linked to the courts'' caseloads. Courts perceived the growing status of arbitration as a favoured means for resolving business disputes and as a threat to their power. Courts have managed to get in the way of the arbitration process and to gain a role in arbitration. Thus, courts have taken the role of the guardian of public policy in a state, and so arbitration is considered not to be a safe, independent and fully alternative dispute mechanism.

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Book SynopsisThis book provides an overview of the National Export Strategy and U.S. government agencies that are involved in export promotion. The National Export Initiative (NEI)lays out ambitious new plans of the Federal Government, including partnering with metropolitan areas and improving outreach and service delivery to small businesses. It also examines the targeting of infrastructure projects and global markets in such regions as Asia and Africa, and the support for the work of SelectUSA to attract and retain more investment and the new Interagency Trade Enforcement Center to identify and address unfair trade practices. Thanks to America''s strong reputation for innovation, quality, and safety, U.S. goods and services remain the gold standard. For its part, the Federal Government is committed to helping U.S. businesses build things here and sell them everywhere, with the NEI complementing other Administration initiatives on advanced manufacturing, innovation, and protection of intellectual property.

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Book SynopsisThis groundbreaking research review analyses leading work at the intersection of private international law and arbitration. Written by two recognised experts in the field, it covers wide range of topics, from international arbitration agreements and choice of law to the enforcement of awards and arbitration involving states. This authoritative study provides an essential research resource for students, academics and practitioners alike.Trade Review‘Coe and Childress have performed a great service by collecting in two volumes many of the seminal articles on private international law and arbitration. The collection will be of great value to practitioners and scholars alike.’Table of ContentsContents: Research Review Jack J. Coe, Jr. and Donald Earl Childress III PART I THE PROPER FORUM A. FORUM SHOPPING 1. Friedrich K. Juenger (1989), ‘Forum Shopping, Domestic and International’, Tulane Law Review, 63, 553–74 2. Franco Ferrari (2013), ‘Forum Shopping in the International Commercial Arbitration Context: Setting the Stage’, in Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers GmbH, 1–21 B. ALLOCATING ADJUDICATORY ASSIGNMENTS ABSENT AN ARBITRATION CLAUSE 3. Arthur T. von Mehren (1997), ‘The Case for a Convention-mixte Approach to Jurisdiction to Adjudicate and Recognition and Enforcement of Foreign Judgments’, Rabels Zeitschrift für ausländisches und internationales Privatrecht – Rabel Journal of Comparative and International Private Law, 61 (1), January, 86–92 4. Friedrich K. Juenger (2001), ‘Traveling to The Hague in a Worn-Out Shoe’, Pepperdine Law Review: International Law Weekend - West Symposium, 29 (1), 7–14 5. Ralf Michaels (2007), ‘Some Fundamental Jurisdictional Conceptions as Applied in Judgment Conventions’, in Eckart Gottschalk, Ralf Michaels, Giesela Rühl and Jan von Hein (eds.) Conflict of Laws in a Globalized World, Section II, Chapter 4, New York, NY, USA: Cambridge University Press, 29–62 C. PARTY AUTONOMY – DESIGNATING FORA 6. William W. Park (1995), ‘Illusion and Reality in International Forum Selection’, Texas International Law Journal, 30, 135–204 7. Louise Ellen Teitz (2005), ‘The Hague Choice of Court Convention: Validating Party Autonomy and Providing an Alternative to Arbitration’, American Journal of Comparative Law, 53 (3), Summer, 543–58 D. THE ARBITRATION ALTERNATIVE – FIRST AMONG EQUALS 8. Morris S. Rosenthal (1946), ‘Arbitration in the Settlement of International Trade Disputes’, Law and Contemporary Problems, Special Issue: International Trade Barriers, 11 (4), Summer–Autumn, 808–34 9. Soia Mentschikoff (1952), ‘The Significance of Arbitration – A Preliminary Inquiry’, Law and Contemporary Problems, Special Issue: Commercial Arbitration: Part II, 17 (4), Autumn, 698–710 10. Henry P. deVries (1984), ‘International Commercial Arbitration: A Transnational View’, Journal of International Arbitration, 1 (1), 7–20 11. Gilles Cuniberti (2008), ‘Beyond Contract – The Case for Default Arbitration in International Commercial Disputes’, Fordham International Law Journal, 32 (2), 417–88 12. Gary Born (2014), ‘BITs, BATs and Buts: Reflections on International Dispute Resolution’, Young Arbitration Review, 13, April, 6–14 13. Karl-Heinz Böckstiegel (2006), ‘The Role of Arbitration within Today’s Challenges to the World Community and to International Law’, Arbitration International, 22 (2), June, 165–77 PART II GOVERNING LAW AND SOURCES A. SYSTEMIC FUNDAMENTALS – TRANSNATIONAL ARBITRATION AND NATIONAL LEGAL SYSTEMS 14. F. A. Mann (1967), ‘Lex Facit Arbitrum’, in Pieter Sanders (ed.), International Arbitration: Liber Amicorum for Martin Domke, The Hague, the Netherlands: Martinus Nijhoff, 157–83 15. William W. Park (1983), ‘The Lex Loci Arbitri and International Commercial Arbitration’, International and Comparative Law Quarterly, 32 (1), January, 21–52 16. Jan Paulsson (1983), ‘Delocalisation of International Commercial Arbitration: When and Why it Matters’, International and Comparative Law Quarterly, 32 (1), January, 53–61 17. Julian D. M. Lew (2006), ‘Achieving the Dream: Autonomous Arbitration’, Arbitration International, 22 (2), June, 179–203 18. Emmanuel Gaillard (2012), ‘The Emerging System of International Arbitration: Defining “System”’, Proceedings of the Annual Meeting of the American Society of International Law, 106, March, 287–92 B. NATIONAL AND A-NATIONAL RULES OF DECISION IN ARBITRATION 19. Julian D. M. Lew (1997), ‘Determination of Applicable Substantive Law’, International Business Lawyer, 25, April, 157–60 20. Marc Blessing (1997), ‘Choice of Substantive Law in International Arbitration’, Journal of International Arbitration, 14 (2), 39–65 21. George A. Bermann (2010), ‘Mandatory Rules of Law in International Arbitration’, in Franco Ferrari and Stefan Kröll (eds), Conflict of Laws in International Arbitration, Munich, Germany: Sellier European Law Publishers, 325–39 22. Emmanuel Gaillard (2001), ‘Transnational Law: A Legal System or a Method of Decision Making?’, Arbitration International, 17 (1), March, 59–71 23. Friedrich K. Juenger (1995), ‘American Conflicts Scholarship and the New Law Merchant’, Vanderbilt Journal of Transnational Law, 28, 487–501 24. Lord Justice Mustill (1988), ‘The New Lex Mercatoria: The First Twenty–five Years’, Arbitration International, 4 (2), April, 86–119 25. Andreas F. Lowenfeld (1990), ‘Lex Mercatoria: An Arbitrator’s View’, Arbitration International, 6 (2), June, 133–50 26. Emmanuel Gaillard (1999), ‘Use of General Principles of International Law in International Long-Term Contracts’, International Business Lawyer, 27 (5), May, 214–24 27. Klaus Peter Berger (1997), ‘The Lex Mercatoria Doctrine and the UNIDROIT Principles of International Commercial Contracts’, Law and Policy in International Business, 28 (4), 943–90 28. Ralf Michaels (2014), ‘The UNIDROIT Principles as Global Background Law’, Uniform Law Review, 19 (4), December, 643–68 PART III NATIONAL AND A–NATIONAL PROCEDURAL STRUCTURES IN INTERNATIONAL ARBITRATION A. CONFLICTS OF LEGAL CULTURE AND ARBITRAL FLEXIBILITY 29. Andreas F. Lowenfeld (1985), ‘The Two-Way Mirror: International Arbitration as Comparative Procedure’, Michigan Yearbook of International Legal Studies, 7, 163–185 30. Siegfried H. Elsing and John M. Townsend (2002), ‘Bridging the Common Law-Civil Law Divide in Arbitration’, Arbitration International, 18 (1), March, 59–65 31. William W. Park (2003), ‘The 2002 Freshfields Lecture – Arbitration’s Protean Nature: The Value of Rules and the Risks of Discretion, Arbitration International, 19 (3), September, 279–301 B. STATUTORY CONVERGENCE AND DIVERGENCE 32. Gerold Herrmann (1984), ‘UNCITRAL’s Work Towards a Model Law on International Commercial Arbitration’, Pace Law Review: International Commercial Arbitration Issue, 4 (3), Spring, 537–80 33. Pieter Sanders (1995), ‘Unity and Diversity in the Adoption of the Model Law’, Arbitration International, 11 (1), March, 1–37 34. Fabien Gélinas (2013), ‘From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives’, in Frédéric Bachand and Fabien Gélinas (eds), The UNCITRAL Model Law after Twenty–Five Years: Global Perspectives on International Commercial Arbitration, Part V, Chapter 13, New York, NY, USA: JurisNet, LLC, 261–75 35. Lord Justice Mustill (1990), ‘A New Arbitration Act for the United Kingdom? The Response of the Departmental Advisory Committee to the UNCITRAL Model Law, Arbitration International, 6 (1), March, 3–62 36. Daniel M. Kolkey (1990), ‘Reflections on the U.S. Statutory Framework for International Commercial Arbitrations: Its Scope, Its Shortcomings, and the Advantages of U.S. Adoption of the UNCITRAL Model Law’, American Review of International Arbitration, 1 (4), 491–534 Volume II Contents: Introduction An introduction to both volumes by the editors appears in Volume I PART I ENFORCEMENT AND CONTROL OF AWARDS A. QUALITY CONTROL BROADLY 1. William W. Park (2001), ‘Why Courts Review Arbitral Awards’, in Robert Briner, L. Yves Fortier, Klaus P. Berger and Jens Bredow (eds), Law of International Business and Dispute Settlement in the 21st Century: Liber Amicorum Karl-Heinz Böckstiegel, Cologne, Berlin, Bonn and Munich, Germany: Carl Heymanns Verlag, 595–606 2. Linda Silberman and Maxi Scherer (2013), ‘Forum Shopping and Post-Award Judgments’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers GmbH, 313–45 B. INTERNATIONAL COMMERCIAL ARBITRATION’S DUAL SYSTEM 3. Alan Scott Rau (2010), ‘Understanding (and Misunderstanding) “Primary Jurisdiction”’, American Review of International Arbitration, XXI (1–4), 47–188 4. George A. Bermann (2011), ‘The UK Supreme Court Speaks to International Arbitration: Learning from the Dallah Case’, American Review of International Arbitration, XXII (1), 1–20 PART II ARBITRATION INVOLVING STATES A. THE ARBITRAL FORUM – SOME HISTORIC BENCHMARKS 5. Arthur Nussbaum (1950), ‘The Arbitration between the Lena Goldfields, Ltd. and the Soviet Government’, Cornell Law Quarterly, 36 (1), Fall, 31–53 6. V. V. Veeder (1998), ‘The Lena Goldfields Arbitration: The Historical Roots of Three Ideas’, International and Comparative Law Quarterly, 47 (4), October, 747–92 7. Robert B. von Mehren and P. Nicholas Kourides (1981), ‘International Arbitrations between States and Foreign Private Parties: The Libyan Nationalization Cases’ American Journal of International Law, 75 (3), July, 476–552 B. GOVERNING LAW WHEN A STATE IS A PARTY 8. F. A. Mann (1960), ‘State Contracts and State Responsibility’, American Journal of International Law, 54 (3), July, 572–91 9. R. Y. Jennings (1961), ‘State Contracts in International Law’, British Yearbook of International Law, 37, 156–82 10. Richard B. Lillich (1994), ‘The Law Governing Disputes under Economic Development Agreements: Reexamining the Concept of “Internationalization’’’, in Richard B. Lillich and Charles N. Brower (eds), International Arbitration in the 21st Century: Towards “Judicialization” and Uniformity?, Chapter IV, Irvington, NY, USA: Transnational Publishers, Inc., 61–114 11. Georges R. Delaume (1989), ‘Comparative Analysis as a Basis of Law in State Contracts: The Myth of the Lex Mercatoria’, Tulane Law Review, 63 (3), February, 575–611 C. DECIDING DISPUTES INVOLVING ONE OR MORE STATE PARTIES 12. Oscar Schachter (1960), ‘The Enforcement of International Judicial and Arbitral Decisions’, American Journal of International Law, 54 (1), January, 1–24 13. Henri C. Alvarez (2004), ‘Setting Aside Additional Facility Awards: The Metalclad Case’, in Emmanuel Gaillard and Yas Banifatemi (eds), International Arbitration Series: Annulment of ICSID Awards: A Joint IAI-ASIL Conference, Washington, D.C. – April 1, 2003, Huntington, NY, USA: Juris Publishing, Inc., 267–88 14. Jack J. Coe, Jr. (2002), ‘Domestic Court Control of Investment Awards: Necessary Evil or Achilles Heel Within NAFTA and the Proposed FTAA?’, Journal of International Arbitration, 19 (3), 185–207 15. Timothy G. Nelson (2010), ‘Annulment of International Arbitration Awards: The Orinoco Steamship Case Sails On’, ASA Bulletin, 28 (2), June, 205–229 16. D. A. Redfern (1987), ‘ICSID – Losing its Appeal?’, Arbitration International, 3 (2), April, 98–118 17. W. Michael Reisman (1989), ‘The Breakdown of the Control Mechanism in ICSID Arbitration’, Duke Law Journal, 4, September, 739–807 18. Aron Broches (1991), ‘Observations on the Finality of ICSID Awards’, ICSID Review – Foreign Investment Law Journal, 6 (2), Fall, 321–79 19. W. Michael Reisman (1992), ‘Repairing ICSID’s Control System: Some Comments on Aron Broches’ “Observations on the Finality of ICSID Awards”’, ICSID Review – Foreign Investment Law Journal, 7 (1), Spring, 196–211 Index

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Book SynopsisInternational investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals? use of the concepts of proportionality and reasonableness to review the compatibility of a state?s regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations.This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.Trade Review'Valentina Vadi's study on the use of proportionality doctrine in international investment law enhances her well-established reputation in studies of the interaction of other fields of law with international investment law. In this work, she examines the transportability of the proportionality doctrine, created in the context of constitutional systems that integrate a variety of societal values, into an international system that has the singular purpose of investment protection. Her analysis is a cogent plea that care must be taken in making such transfers. It is a well-reasoned work that will shape the future course of the use of the proportionality doctrine in this area of the law.' --M. Sornarajah, National University of SingaporeTable of ContentsContents: Preface Introduction 1. International Investment Law as a Field of International Law 2. The Migration of Constitutional Ideas to International Investment Law and Arbitration 3. A History of Success? Proportionality in International Investment Law and Arbitration 4. Reasonableness in Investment Treaty Arbitration 5. Standards of Review in Investment Treaty Arbitration 6. Proportionality, Reasonableness, and Standards of Review in Investment Treaty Arbitration Conclusions Bibliography Index

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Book SynopsisThis innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.Trade Review'International commercial arbitration has of late attracted vast amounts of commentary, much of it merely advocacy in favor of or against the enterprise, and all too often polemical in nature. What the field has lacked is a truly penetrating and holistic study of the challenges facing the enterprise, both its workings and its connection with other international dispute resolution regimes. Into this gap comes Gilles Cuniberti's masterful work which deserves the attention of anyone wanting to take international commercial arbitration seriously.' --George A. Bermann, Columbia Law School, US'Arbitration is, for many reasons - one of which is neutrality - a more suitable mode of dispute resolution in an international context than litigation before a State court. Building on his seminal 2009 article, Professor Gilles Cuniberti implacably demonstrates that arbitration should be given the status of default mode, and systematically rebuts the conventional objections against such a revolutionary proposal. He does so with such talent and persuasive power that the initially sceptical, but open-minded, reader, after turning the last page, must honestly admit that Professor Cuniberti might well have convinced him.' --Pierre Mayer, Emeritus Professor at the University of Paris 1 Pantheon-Sorbonne, France'Cuniberti's thought-provoking book elaborates on the concept of default arbitration which he was the first to propose in a 2009 article. The idea is that, in the international setting, arbitration should be the default mode of resolution of commercial disputes because it is superior to court litigation, particularly on account of its neutrality and flexibility. This shift of paradigm has been gaining traction, but remains controversial. Cuniberti's well-argued analysis brings a welcome breath of fresh air to the debates on arbitration, which remain extremely deferential to acquired wisdom but often fail duly to consider the evolution in the reality of international commercial relations.' --Luca G. Radicati di Brozolo, Catholic University of Milan, ItalyTable of ContentsContents: Part I Why Promote Arbitration 1. The Most Suitable Mode of Dispute Resolution Part II The Decline of Consent in Modern Arbitration 2. Foreign Investment Arbitration 3. Domain Name Arbitration 4. The French Experience Part III Policy Analysis 5. The Legitimacy of Private International Adjudication 6. The Public Functions of Courts Part IV Constitutional Constraints 7. European Law 8. The Constitution of the United States Part V Models of Default Arbitration 9. The Proposed Model 10. Variant 1: Arbitration as Forum Conveniens 11. Variant 2: Ending the Commercial Judicial Subsidy Part VI Implementation 12. Indirect Paths 13. Direct Paths Index

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Book SynopsisTraditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process. The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice. Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.Trade Review'This book provides a thought-provoking re-examination of two of mediation's central characteristics, neutrality and impartiality, setting out a fresh ethical framework for achieving mediation's primary objective, namely, consensual, informed party-controlled decision-making. This book, drawing on a rich body of theory and research, will provide a valuable resource for all those interested in the theory and practice of mediation.' --Marian Roberts, family mediator and author'In Mediation Ethics, Rachael Field and Jonathan Crowe deconstruct the foundation of modern mediation ethics and then reconstruct it in a creative and insightful way. They analyze the problems created by deriving mediation's ethical framework from a commitment to neutrality and impartiality and argue instead for a focus on empowerment and self-determination. In doing so, they not only provide a much more useful approach to ethical decision making but they also point to a new way to think about the practice of mediation itself. This is an extremely useful, well reasoned, and well presented contribution to the conflict engagement field.' --Bernie Mayer, Creighton University, USTable of ContentsContents: Preface 1. Introduction: The Need for a New Paradigm of Mediation Ethics 2. The Foundational Paradigm of Contemporary Mediation 3. The Development of Mediation Ethics 4. Neutrality and Party Self-Determination 5. The Myth of Mediator Neutrality 6. The Empty Idea of Mediator Impartiality 7. Party Self-Determination and the Mediation Language Game 8. Ethics and the Mediation Profession 9. A New Conceptual Framework for Mediation Ethics 10. Four Guidelines for Ethical Mediation Practice 11. Conclusion: Towards an Appropriate Ethical Paradigm for Mediation Index

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Book SynopsisThis Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.Key Features: Comparative and thorough analysis of the provisions of the Model Law Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.Trade Review‘Gilles Cuniberti's new commentary on the UNCITRAL Model Law is a marvellous contribution to international arbitration scholarship. The fruit of rigorous research into practice in the numerous jurisdictions that have adopted the Model Law, it presents for the first time a comprehensive analysis of its application in clear and readable terms. An essential reference tool for the arbitration lawyer.’ -- Campbell McLachlan KC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers‘The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!’ -- Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK‘Cuniberti's book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.’ -- George Bermann, Columbia University School of Law, USTable of ContentsContents: Preface Introduction 1. General Provisions 2. Agreement 3. Composition of Arbitral Tribunal 4. Jurisdiction of Arbitral Tribunal 4a Interim Measures and Preliminary Orders 5. Conduct of Arbitral Proceedings 6. Making of Award and Termination of Proceedings 7. Recourse Against Award 8. Recognition and Enforcement of Awards Bibliography Index

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Book SynopsisThis new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.Trade Review‘The book by Dr Wilhelmsen is invaluable reading for everyone faced with the complex issue that is the regulation of international commercial arbitration with the EU and the consequences of the interference between the Brussels I Regulation and international commercial arbitration. The importance of this monograph is rooted not only in the significance of the questions it examines but also in the approach it takes, namely examining the interplay between EU, international and national laws of four EU jurisdictions (Sweden, Germany, England and France) and the conclusions it reaches.’ -- Petya Koycheva, International Company and Commercial Law ReviewTable of ContentsContents: 1. International Commercial Arbitration in the EU – An Introduction 2. The Interface between the Recast Brussels I Regulation and International Commercial Arbitration 3. The Consequences of the Interface between the Recast Brussels I Regulation and International Commercial Arbitration 4. The Existence and Validity of Arbitration Agreements 5. The Arbitrability of a Dispute 6. Parallel Proceedings 7. Conflicting Decisions 8. Summary and Conclusions Index

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Book SynopsisCentral and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from within the region. Despite their relevance, CEE experiences have not previously been analysed in a comprehensive manner. This book takes a systematic country-by-country approach covering all the CEE jurisdictions. Each chapter provides detailed information and insight into the respective jurisdiction, setting out the policy and treaty landscape, the legal status of investor-state arbitration and alternative remedies. This is supplemented by a detailed analysis of the investor-state arbitration decisions in each country. Key features include: the first comprehensive survey of investment arbitration in CEE countries written by leading practitioners and academics in their respective jurisdictions an insider perspective into CEE investment cases consideration of political, economic and regulatory factors a practical case-law oriented approach to investment arbitration within CEE. Arbitrators and investment practitioners will benefit greatly from the comprehensive survey and detailed case analysis. The book will be invaluable for firms advising businesses with operations in the region, and for anyone involved in arbitral proceedings involving CEE countries. Contributors include: A. Andhov, I. Bimbilovski, K. Brockova, M. Cáp, Y. Cottrill, A.-M. Culjak, R. Daujotas, I. Druviete, P. Flere, R. Griguolaite, G. Hajdu, J. Heyduk, V. Korom, M. Olík, A. Petrov, W. Sadowski, E.K. Selga, K. Simalova, E. Spiroska, C.-G. Stanescu, Ü. Talviste, P. Treder, Z. Víg, P. Zivkovi , M. ZupanTrade Review'With over 20 contributors, Investment Arbitration in Central and Eastern Europe is a comprehensive volume which covers investment arbitrations in the context of each country's unique economic, political and regulatory environment. Divided into 14 national chapters, the volume addresses each country's treaty landscape, domestic legal status of investment arbitration, as well as case law. This volume is truly unique in that it is filled with the invaluable insight of practitioners with local expertise, providing contextual analyses.' --Philippe Cavalieros, Simmons & Simmons LLP, France'This detailed practical resource covering the treaty practice and experience with investor-state arbitration across jurisdictions in Central and Eastern Europe (CEE) represents a rich source of information to be found nowhere else in this form. It puts the experience of CEE on the map as a unit of analysis in its own right.' --Stephan Schill, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface Introduction: Intra-EU BITs after Achmea – a cross-cutting issue 1 Csongor Istv.n Nagy 1. Bosnia and Herzegovina 14 Patricia ŽivkovicÅL and Yancy Cottrill 2. Bulgaria 24 Anton Petrov 3. Croatia 68 Mirela Župan and Ana-Marija Čuljak 4. Czech Republic 95 Miloš Ol.k, Michal Č.p and Jaroslav Heyduk 5. Estonia 137 .llar Talviste 6. Hungary 156 Veronika Korom 7. Latvia 220 Inese Druviete and Ēriks K. Selga 8. Lithuania 237 Rimantas Daujotas and Rita Griguolaite 9. Macedonia 261 Ivan Bimbilovski and Elizabeta Spiroska 10. Poland 283 Patrycja Treder and Wojciech Sadowski 11. Romania 368 Cătălin-Gabriel Stănescu 12. Serbia and Montenegro 413 Zolt.n V.g and G.bor Hajdu 13. Slovakia 438 Alexandra Andhov, Katar.na Brockov. and Katar.na Šimalov. 14. Slovenia 508 Pavle Flere Index 529

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Book SynopsisBrand recognition is crucial to companies promoting the sale of products and services. Directors invest considerable revenue into developing brand imagery that is unique and identifiable. Linking intellectual property law and international investment law, Arbitrating Brands takes the opportunity to analyse trade marks and brands as examples of foreign direct investment. In light of the Phillip Morris cases against Australia and Uruguay, Metka Potocnik explores the substantive protection of trade marks under international investment treaties, unpacking the specifics of arbitrating investment claims arising out of state trade mark regulation. Utilising plain packaging regulation for tobacco products as a springboard for analysis, this book offers a practical approach with recommendations for arbitrators on how to approach trade mark investment cases. Detailed and insightful, this book is essential reading for arbitration practitioners, offering practical analytical tools to approaching the adjudication of trade mark investment disputes. It will also be of interest to the growing group of researchers and students focusing on intellectual property arbitration. Furthermore, brand owners following developments in the field will benefit from this book's insight into the trajectories of trade mark legislation.Trade Review'This book helps to bridge the communication gap between IP lawyers and international investment lawyers. It provides a roadmap to the many IP issues that can arise under international investment laws and proposes ways of ensuring effective, informed and fair decision-making in a field that is becoming increasingly important (and contentious).' --David Llewelyn, Singapore Management University, SingaporeTable of ContentsContents: Preface Acknowledgements Abbreviations Introduction 1. Background, Scope and Terms of Reference 2. Interference Between IP Law and International Investment Law: settled and remaining issues 3. Dialogue of Two Bodies of Law: Toolbox of Translators 4. Chapter Structure Chapter 1: Trade mark investment disputes: case studies 1. Origins of TM investment disputes 2. Case Study 1: Tobacco trade marks 3. Case Study 2: Unhealthy food and beverages trade marks 4. Case Study 3: Infant formula trade marks 5. Case Study 4: Disparaging, immoral and scandalous trade marks 6. Conclusion Chapter 2: Special approach: a justification 1. IP as lex specialis and Consequent Special Approach 2. Justification of Property in Trade Marks 3. Legislative History on Trade Marks and Brands 4. Justification for a Special Approach 5. Conclusion Chapter 3: Jurisdiction and applicable law in trade mark investment disputes 1. Introduction 2. Jurisdiction 3. Applicable law in Investment Treaty Arbitration 4. Conclusion Chapter 4: Defining trade marks and brands as investment assets: delegation to trade mark law 1. Introduction and Structure Part A: Attributes of property in trade marks and brands 2. Object of protection 3. Attribute One: Control manifested in the exclusive rights conferred in registered trade marks 4. Attribute One-Plus: extended control conferred by well-known trade marks 5. Attribute Two: Use of Trade Marks 6. Attribute Three: Transferability of Trade Marks 7. Attributes of Property in Brand Value: Protecting Goodwill through Unfair Competition Laws Part B: Restrictions to Property in Trade Marks and Brands 8. Internal Limitations to Property in Trade Marks 9. External Limitations to Property in Trade Marks 10. Conclusion Chapter 5: Attributes of property in investment assets: origins in investment law 1. Introduction and Structure Part A: Substantive protection of Investment Assets 2. Indirect Expropriation 3. Fair and Equitable Treatment Standard Part B: State’s Right to Regulate Investor’s Interests in Property 4. Limitations to the Standard of Indirect Expropriation 5. Limitations to the FET Standard 6. Conclusion Chapter 6: State liability for regulating trade marks and brands: the dialogue of two bodies of law 1. Introduction and Structure Part A: Investment Treaty Violation caused by Interference with Trade Marks and Brands 2. Expropriation of Trade Marks and Goodwill: a Two-Step Test 3. Fair and Equitable Treatment of Trade Marks and Goodwill Part B: State’s Freedom to Regulate the Use of Trade Marks for Reasons of Public Interest 4. TRIPs as the Guardian of Public Interest is left to the Discretion of Arbitral Tribunals 5. Investment Treaty Considerations of Public Purpose are Limited in Scope 6. Fundamental Rights: Possible, yet Ineffective Limitations to Investor’s Rights 7. Conclusion Chapter 7: Controlling the power of brands: in search of a balanced approach via the international rule of law 1. Introduction: A demand for a special adjudication approach in TM investment disputes 2. Adjudication in accordance with international law and its rule of law (RoL) standards 3. Implications of RoL Adjudication 4. Conclusion Chapter 8: Remedies in trade mark investment arbitration 1. Introduction 2. Trade mark remedies: practice from trade mark laws 3. The remedy of specific performance unlikely available in ITA 4. Monetary Compensation: the traditional remedy in ITA 5. Market Value of Trade Marks and Goodwill: the challenge of valuation 6. Moral Damages: Harm to Investor’s Reputation 7. Reducing Full Compensation: available principles 8. Conclusion Conclusion Bibliography Index

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Book SynopsisThis comprehensive book provides a complete overview of the international legal system of foreign investment protection. Proposing a simple, practical approach, it examines the problems one might face when studying or practising international investment law, including those arising from contemporary changes and controversies. In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently stands. Through this systematic approach, the book considers all aspects of the discipline, examining its history, the content of the law, investment arbitration, and its relationship with other areas of international law such as human rights, the environment and EU law. It also discusses answers to questions that remain open in current case law. Providing a thorough and accessible analysis, this book will be invaluable to both students and academics working in the field of international investment law, as well as practitioners who will appreciate its pragmatic style. Government officials and those working for international organisations in this area will also find its discussion of the possible future evolution of the law insightful. Trade Review'The literature on investment law is extensive. Nevertheless, Arnaud de Nanteuil's book succeeds in presenting in a concise way the whole of this complex subject without simplification or unnecessary complications, whilst giving public international law its proper place. I use the French language version very systematically both in my arbitration practice and for my teaching, and I have no doubt that this updated English version will provide the same services.' --Alain Pellet, Université Paris Nanterre, France'This book is a beacon of continental scholarship in a sea of case-law focused treatises on international investment law. It does not get lost in dissecting the increasingly detailed jurisprudence of arbitration tribunals, but rather stresses the doctrinal structures of substantive investment protection and investor-state dispute settlement. It is comprehensive, systematic, rich in historical context, and connects investment law to general international law. It is a perfect teaching tool for getting a structured and up-to-date overview of the field.' --Stephan Schill, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. The Emergence of International Investment Law: From State Contracts to Bilateral Investment Treaties 2. Domestic Sources of International Investment Law 3. International Sources of Investment Law 4. International Law, Domestic Law and Contracts: Articulating Different Sets of Relevant Rules 5. Identifying the Stakeholders: The Investor and the State 6. Settlement of Disputes 7. Substantive Protection (1): Preliminary Issues 8. Substantive Protection (2): Non-Discrimination Standards 9. Substantive Protection (3): Absolute Standards of Protection 10. The Guarantee of Investments Through Insurance Mechanisms 11. General Exceptions to Investment Protection 12. Interactions (1): Investment Law, Human Rights and Environmental Law 13. Interactions (2): International Investment Law and European Union Law Index

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Book SynopsisBy comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.Trade Review‘Among the many books on fair and equitable treatment (FET), this one stands out. It treads new grounds in arguing that the rule of law elements FET consists of should not be viewed as imposing an abstract and detached international law standard, but that compliance of the host State with domestic law and other international legal commitments should be put center stage, with equitable considerations playing a residual and corrective role. The book’s novel approach to FET presents a forceful argument for a further integration of international investment law, domestic law, and other specialized international legal regimes.’ -- Stephan Schill, University of Amsterdam, the Netherlands‘An imaginative new look at the application of the FET standard in a specifically rule of law context, which will be of interest to arbitrators and counsel alike.’ -- Sir Franklin Berman KC, Essex Court Chambers, London, UK‘Lord Steyn once famously observed that “in law context is everything.” This is true at the domestic level, but perhaps even more so at the international level. Professor Živkovic’s work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.’ -- Charles T. Kotuby, University of Pittsburgh School of Law, US and Durham Law School, UKTable of ContentsContents: Preface 1. Introduction 2. Fair and equitable treatment – history, indeterminacy, and the rule of law debate 3. Fair and equitable treatment as a union of rule of law and equity 4. Applying the FET standard – sequential review as a path forward 5. Conclusion to fair and equitable treatment and the rule of law Bibliography Index

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Book SynopsisIs Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL. Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van LoonTrade Review'Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.' --Jürgen Basedow, Member of the Institut de Droit InternationalTable of ContentsContents: Introduction 1 Franco Ferrari and Diego P. Fernández Arroyo PART I CERTAINTY VERSUS FLEXIBILITY 1. Certainty versus flexibility in the conflict of laws 6 Kermit Roosevelt III 2. Certainty versus flexibility in the EU choice of law system 27 Francesca Ragno PART II PARTY AUTONOMY 3. Foundation, limits and scope of party autonomy 71 Giuditta Cordero-Moss 4. The scope and limits of party autonomy in international contracts: a comparative analysis 101 Symeon C. Symeonides PART III UNIVERSAL VALUES 5. Private international law and the question of universal values 148 Ralf Michaels 6. Are there universal values in choice of law rules? Should there be any? 178 Mathias Reimann PART IV PRIVATE INTERNATIONAL LAW AND GLOBAL GOVERNANCE ISSUES 7. Unlocking private international law’s potential in global (migration) governance 196 Verónica Ruiz Abou-Nigm 8. The present and prospective contribution of global private international law unification to global legal ordering 214 Hans van Loon PART V THE NEW CHALLENGES OF EXTRATERRITORIALITY 9. Extraterritoriality in the public and private enforcement of U.S. regulatory law 236 Hannah L. Buxbaum 10. New challenges of extraterritoriality: superposing laws 258 Matthias Lehmann PART VI CURRENT DEVELOPMENTS IN FORUM ACCESS: JURISDICTION AND FORUM NON CONVENIENS 11. European perspectives on human rights litigation 293 Martina Mantovani and Burkhard Hess 12. Judicial jurisdiction and forum access: the search for predictable rules 332 Linda J. Silberman PART VII RECOGNITION AND ENFORCEMENT OF JUDGMENTS 13. New challenges in the recognition and enforcement of judgments 360 Ronald A. Brand 14. New challenges in the context of recognition and enforcement of judgments 390 Andrea Bonomi PART VIII FOREIGN LAW IN DOMESTIC COURTS 15. Foreign law in domestic courts: challenges and future developments 412 Yuko Nishitani 16. The challenge of accommodating foreign law in domestic courts 434 Louise Ellen Teitz PART IX PRIVATE INTERNATIONAL LAW IN INTERNATIONAL ARBITRATION 17. Private international law in international arbitration 464 George A. Bermann 18. Private international law and arbitration: arbitral determination of the law or rules of law governing the merits 484 Horacio A. Grigera Naón Index 497

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Book SynopsisThis illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue. Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.Trade Review’The clear protagonist of this very elegantly written book is the EU sage behind Arts. 1 (2) (d); 73 (2) and Recital 12 Brussels Ibis Regulation. To introduce EU exclusive external competence into the saga is a novelty and an interesting idea that can claim originality. Plus, anti-suit orders issued by arbitration tribunals and anti-arbitration orders get the most intense treatment yet to be found in a monograph.’- Peter Mankowski, Universitat Hamburg, GermanyTable of ContentsContents: Introduction 2. Brexit and the principle of mutual trust in the EU 3. The scope of the arbitration exclusion under the Brussels I Regime 4. Parallel court/arbitration proceedings 5. Recasting the Brussels I Regulation 6. External competence of the EU 7. Regulation (EU) No 1215/2012 (Brussels I Recast) 8. General conclusion Bibliography Index

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Book SynopsisThis thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of “in/formalisation” and “glocalisation”. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration.This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.Trade Review‘Professor Nottage’s book offers a genuine tour d’horizon, with insights going far beyond the two jurisdictions of Australia and Japan. It provides a fascinating analysis of the development of commercial and investment arbitration over the last two decades.’ -- Journal of Japanese Law‘The book would be useful for readers interested in the history of international commercial arbitration or investor-state arbitration; or for those especially interested in how each of these have played out within either Australia or Japan. Libraries with collections in either of these areas would benefit from this book, especially if they are able to point readers to specific chapters of interest.’ -- Taryn Marks, International Journal of Legal Information‘Anyone who practices international arbitration in the Asia-Pacific region or is a scholar of the field will enjoy this book and find it useful as a resource in the years ahead. For younger practitioners especially, this book will have special value, as it explains the diverse forces that have shaped the legal framework for international arbitration and produced the vibrant market we have today – a market that one could be forgiven for thinking was always there, but which in fact is a relatively new construct.’ -- Sam Luttrell, The Australian Law Journal‘This is a much-awaited book that illuminates international arbitration perspectives, policies, and practices of two major economies in the Asia-Pacific region. Particularly, perhaps reflecting the relative paucity of ISDS cases involving Japanese investors or the Japanese government, there is a general paucity of prior scholarship on Japan’s ISDS approaches, and this book fills this gap. At a time when ISDS is at a crossroads, the author’s acute analysis of state practice and policy formation based on analytical frameworks of “localised globalism” and “in/formalisation” provides invaluable guidance for domestic and international policy-makers, private practitioners, and academics.’ -- Tomoko Ishikawa, Nagoya University, Japan‘Cross-border dispute settlement in the Asia-Pacific has grown increasingly complex and dynamic in recent years. In this book, one of our keenest observers of the region traces evolving developments in Australia and Japan, examining the trajectories of commercial and investor-state arbitration within a common framework. We could have no better guide to the shifts, stops and starts that have characterized this evolving field of law and practice.’ -- - Tom Ginsburg, University of Chicago, US‘This important work by an eminent scholar in the field of international commercial arbitration provides a valuable opportunity to step back from day-to-day events and experiences and view them from the perspective of an analytical framework, enabling important trends, policy issues and principles to be identified. Combining intellectual academic rigour with practical applications and illustrations of the principles discussed, the author draws upon empirical research and established trends to predict likely developments in arbitration in a post-pandemic global economy.’ -- - Wayne Martin AC QC, Francis Burt Chambers and former Chief Justice of Western AustraliaTable of ContentsContents: Preface and acknowledgements 1. In/formalisation and glocalisation tensions in international arbitration PART I INTERNATIONAL COMMERCIAL ARBITRATION IN JAPAN AND AUSTRALIA 2. The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery 3. The procedural lex mercatoria : the past, present and future of international commercial arbitration 4. Japan’s Arbitration Law of 2003: early and recent assessments 5. International commercial arbitration in Australia: what’s new and what’s next? PART II CROSSOVERS FROM INTERNATIONAL COMMERCIAL TO INVESTOR-STATE ARBITRATION 6. In/formalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia 7. A weather map for international arbitration: mainly sunny, some cloud, possible thunderstorms 8. Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan PART III INVESTOR-STATE ARBITRATION AND INTERNATIONAL INVESTMENT TREATIES 9. Throwing the baby out with the bathwater: Australia’s 2011–2013 policy shift against treaty-based investor-state arbitration 10. Investor-state arbitration: why not in the Japan–Australia Free Trade Agreement? 11. Investor-state arbitration policy and practice in Australia 12. Conclusions: beyond the pandemic – towards more global and informal approaches to international arbitration Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime.Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.Trade Review‘Anyone interested in arbitration law should acquire this excellent work of reference, which is a valuable and up-to-date contribution to this field that is progressively expanding around the globe.’ -- Yagmur Hortoglu, Rabels Zeitschrift für ausländisches und internationales Privatrecht‘This work is probably one of the most readable and comprehensive texts on international arbitration that I have personally come across. Its coverage is wide-ranging and yet organised in a simple logical manner. The authors have done a marvellous task in distilling complex judicial decisions into bite-size learning points. I commend this work to all students and any practitioner eager to get a strong grasp of the subject before entering the international arbitration arena.’Table of ContentsContents: 1. Introduction to International Commercial Arbitration 2. The recognition of arbitration agreements 3. The principle of competence competence 4. The initiation of arbitration proceedings and the constitution of the arbitral tribunal 5. Procedure 6. Evidence 7. Complex arbitrations involving multiple tiers, contracts and parties 8. The award 9. The set-aside of arbitral awards 10. The New York Convention: introduction, scope, formal requirements, procedure 11. The New York Convention: the duty to recognize and enforce arbitral awards 12. The relevance of the post-award phase in the pre-award phase Index

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Book SynopsisThis Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention’s implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation. Trade Review‘This Commentary provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. In particular, this work includes a comparative approach with perspectives from five continents and a variety of legal traditions, a critical discussion of every stage from the negotiation to the conclusion of the Convention, with proposals for the Convention’s implementation and application by States and regional organisations. A particular feature of the work is that it provides contributions of a diverse group of leading practitioners and academics from diverse legal backgrounds and jurisdictions, including some who participated in the negotiation of the Singapore Convention itself.’ -- Marta Requejo Isidro, The European Association of Private International LawTable of ContentsContents: Foreword xvii Chronicles of the Singapore Convention – an insider view 1 Itai Apter and Roni Ben David The Preamble to the Singapore Convention on mediation: identifying the object and purpose of the Treaty through text, context and intent 41 S.I. Strong 1 Scope of Application 63 Pablo Cortés 2 Definitions 86 Nuria González Martín 3 General principles 107 Guillermo Palao 4 Requirements for reliance on settlement agreements 130 Mark T. Kawakami 5 Grounds for refusing to grant relief 156 Dai Yokomizo and Peter Mankowski 6 Parallel applications or claims 180 Valesca Raizer Borges Moschen 7 Other laws or treaties 199 Gyooho Lee 8 Reservations 212 Ximena Bustamante and Gabriela Balseca 9 Effect on settlement agreements 230 Achille Ngwanza 10 Depositary 233 Afonso Patrão and Dulce Lopes 11 Signature, ratification, acceptance, approval, accession 238 Ilaria Queirolo and Stefano Dominelli 12 Participation by Regional Economic Integration Organizations 257 Théophile Margellos and Sven Stürmann 13 Non-unified legal systems 280 Dulce Lopes and Afonso Patrão 14 Entry into force 291 Javier Díez-Hochleitner 15 Amendment 299 Javier Díez-Hochleitner 16 Denunciations 304 Javier Díez-Hochleitner Index

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Book SynopsisAs the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.Trade Review‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’ -- Sophie Nappert, Arbitrator, Gray's Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’ -- Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’ -- Dr. S.I. Strong, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction to the Arbitration Of Trust Disputes 2. (In-)arbitrability 3. Binding parties to trust arbitration clauses 4. Trust arbitration and due process: The ECHR and common law principles of natural justice 5. Representation of beneficiaries in arbitral proceedings 6. Conflicts of laws issues and The Hague Trust Convention 7. Existing statutory frameworks for trust arbitration 8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law 9. Issues to consider when drafting a trust arbitration clause Bibliography Index

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Book SynopsisThis comprehensive book provides a complete overview of the international legal system of foreign investment protection. Proposing a simple, practical approach, it examines the problems one might face when studying or practising international investment law, including those arising from contemporary changes and controversies. In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently stands. Through this systematic approach, the book considers all aspects of the discipline, examining its history, the content of the law, investment arbitration, and its relationship with other areas of international law such as human rights, the environment and EU law. It also discusses answers to questions that remain open in current case law. Providing a thorough and accessible analysis, this book will be invaluable to both students and academics working in the field of international investment law, as well as practitioners who will appreciate its pragmatic style. Government officials and those working for international organisations in this area will also find its discussion of the possible future evolution of the law insightful. Trade Review'The literature on investment law is extensive. Nevertheless, Arnaud de Nanteuil's book succeeds in presenting in a concise way the whole of this complex subject without simplification or unnecessary complications, whilst giving public international law its proper place. I use the French language version very systematically both in my arbitration practice and for my teaching, and I have no doubt that this updated English version will provide the same services.' --Alain Pellet, Université Paris Nanterre, France'This book is a beacon of continental scholarship in a sea of case-law focused treatises on international investment law. It does not get lost in dissecting the increasingly detailed jurisprudence of arbitration tribunals, but rather stresses the doctrinal structures of substantive investment protection and investor-state dispute settlement. It is comprehensive, systematic, rich in historical context, and connects investment law to general international law. It is a perfect teaching tool for getting a structured and up-to-date overview of the field.' --Stephan Schill, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. The Emergence of International Investment Law: From State Contracts to Bilateral Investment Treaties 2. Domestic Sources of International Investment Law 3. International Sources of Investment Law 4. International Law, Domestic Law and Contracts: Articulating Different Sets of Relevant Rules 5. Identifying the Stakeholders: The Investor and the State 6. Settlement of Disputes 7. Substantive Protection (1): Preliminary Issues 8. Substantive Protection (2): Non-Discrimination Standards 9. Substantive Protection (3): Absolute Standards of Protection 10. The Guarantee of Investments Through Insurance Mechanisms 11. General Exceptions to Investment Protection 12. Interactions (1): Investment Law, Human Rights and Environmental Law 13. Interactions (2): International Investment Law and European Union Law Index

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Book SynopsisThis timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value.This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.Trade Review‘Pratyush Nath Upreti, in his IPKat 2022 award-winning book, explores the IP objectives in IIAs. The author has combined hermeneutic and exploratory approaches to provide a fresh look into this emerging area. The book is a thought-provoking, well-researched and excellent contribution to the fields of IP and investment law. It offers a fresh look at IP and investment interactions. It should be a useful read for the relevant stakeholders while dealing with the current challenges of IP and investment.’ -- Mohammad Ataul Karim, International Review of Intellectual Property and Competition Law‘Overall, the book makes a novel and timely contribution to studying the intersection between international investment law and IP. Its discussion also has important implications for other issues in IIAs that are intertwined with social objectives, which is particularly valuable for the ongoing discourse on investment law reform.’ -- Chen Yu, Asian Journal of International Law‘This timely and thought-provoking book greatly enhances our understanding and appreciation of the relationship between intellectual property and investment law. Informed by treaty texts, WTO panel reports and investment arbitration decisions, the book explains why we need to pay greater attention to the objectives of intellectual property rights while avoiding the short-sighted view that treats intellectual property as mere investments. A must-read for anybody interested in intellectual property law or investment arbitration!’ -- Peter K. Yu, Texas A&M University, US‘This book provides a cutting-edge analysis of the relationships and intersections between intellectual property regime and international investment law. It examines the issues arising from this intersection in a lucid and coherent manner and makes an original contribution to the current debate on the interaction between the protection of intellectual property and the investor-state dispute settlement mechanism. The analysis of the extant and emerging normative framework in this area is fascinating. I highly recommend this book to policy makers, lawyers, scholars, and arbitrators interested in this area.’ -- Surya P. Subedi, KC, University of Leeds, UK‘This well-researched monograph makes a substantial contribution to the debate on intellectual property and international investment law. The book presents a detailed analysis of how intellectual property and international investment law interact and projects how they could do so in the future. The monograph demonstrates how intellectual property protection and investor-state arbitration can be managed without distorting the objectives of intellectual property. The framework developed in this book should inspire future research and garner the attention of policy makers and scholars from both developed and developing countries.’ -- Bryan Mercurio, The Chinese University of Hong Kong‘A valuable contribution to the controversial debate about the relationship between foreign direct investment and intellectual property, particularly in the context of bilateral trade agreements and investor state dispute settlement. The book analyses the often-competing objectives of intellectual property and investment agreements in an accessible, eminently readable way. The book’s insightful approach provides a normative framework that will be enlightening for academic audiences, policy makers and practitioners alike. A thorough and balanced analysis of this critical field of international law.’ -- Duncan Matthews, Queen Mary University, UKTable of ContentsContents: 1. Introduction to Intellectual Property Objectives in International Investment Agreements 2. The social objectives of international intellectual property 3. Property protection of investment assets 4. Intellectual property as an investment 5. The role of national and international intellectual property in reconceptualising the definition of investment 6. Domestication of the investment regime: a perspective from intellectual property and beyond 7. Intellectual property shelters in international investment agreements 8. Conclusion Index

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