International law: arbitration Books

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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Book SynopsisThe increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered.In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration.This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.Trade Review‘The book features contributions by the most experiences practitioners in the field, covering issues ranging from the source of the arbitrators’ powers to issue interim measures (in the silence of the lex arbitri or the arbitration agreement, do arbitrators have implied or inherent powers to make these decisions?) to the interplay between the arbitrators and the judge’s powers (does an arbitration agreement prevent the parties from seeking judicial remedies? Is the situation different before or after the arbitration?) and the nature of the relief sought (Substantive? Obligation not to do? Injunction to perform? Preserving evidence? Are there limits to the Eagle’s flight of interim measures? What about anti-suit-injunctions? Security for costs?). It analytically deals with the applicable standard for the granting of interim measures under different laws and arbitration rules (prima facie case, risk of irreparable harm, preserving status quo, proportionality, etc…), as well as many complex procedural issues, some of which are still hotly debated, such as whether arbitrators should entertain ex parte applications) to conclude with an in-depth analysis of their enforcement as well as their specific aspects in the realm of investment arbitration. The book, because of its quality, its international breadth and the range of questions it covers, is an invaluable contribution to our practice and it will soon become an indispensable tool for any arbitrator, counsel or student of academic dealing with matters which importance for international arbitration cannot be overstated.’ -- Alexis Mourre, MGC-Arbitration, France‘The first of its kind on the subject, this comprehensive and detailed treatise will ensure that practitioners and arbitrators alike are equipped with the most effective tools on how and when to employ and enforce interim measures in international arbitration.’ -- Claudia Salomon, President, ICC International Court of ArbitrationTable of ContentsContents: 1. Introduction 1 Julien Fouret PART I THE POWERS OF ARBITRATORS TO GRANT PROVISIONAL RELIEF 2 Sources of arbitrators’ powers 19 José R. Feris and Akash S. Karmarkar 3 Scope and jurisdiction in institutional arbitration rules 40 José Ricardo Feris and Akash S. Karmarkar 4 Of the exclusive and/or concurrent jurisdiction with domestic courts – effect of national laws on the arbitrator’s powers 63 Michele Sabatini PART II CATEGORIES AND EXAMPLES OF PROVISIONAL MEASURES 5 Anti-suit injunctions and parallel proceedings 93 Affef Ben Mansour 6 Preservation of evidence 107 Swee Yen Koh and Tiong Teck Wee 7 Interim of provisional measures aimed at maintaining the status quo or not aggravating the dispute 136 Christian Albanesi and Mateo Noseda 8 Specific performance of contractual or other pre-existing obligations 168 Matthew Secomb and Clemency Wang 9 Security for costs and claims in international arbitration 193 Samaa A. Haridi 10 Ex parte measures 207 Shaparak Saleh and Etienne Vimal du Monteil 11 Guarantees against the stay of enforcement 228 Patrick W. Pearsall and Craig D. Gaver 12 The arbitral tribunal’s power to amend provisional or emergency measures 252 Yasmine Lahlou PART III PROCEDURAL REQUIREMENTS FOR ORDERING AN INTERIM MEASURE 13 Procedural requirements for emergency relief ordered by an emergency arbitrator 270 Anna-Maria Tamminen and Ella Hiltunen 14 Procedural requirements for provisional reliefs ordered by an arbitral tribunal 298 Anna-Maria Tamminen, Isabelle Sundström Stridh and Marcus Nyberg PART IV SUBSTANTIVE REQUIREMENTS FOR ORDERING AN INTERIM MEASURE 15 Prima facie jurisdiction 308 Reza Mohtashami KC, Clara Florin and Samhith Malladi 16 Prima facie establishment of a case 331 Olena Perepelynska 17 Urgency 342 Christian Leathley Risk of irreparable harm (necessity or imminent danger of serious prejudice) 363 Noradèle Radjai and Anna Korshunova 19 The proportionality requirement in provisional measures 401 Patrick Taylor and Romain Zamour PART V BURDEN AND STANDARD OF PROOF 20 The burden and standard of proof 428 William T. O’Brien and Levon Golendukhin PART VI ENFORCEABILITY AND ENFORCEMENT OF PROVISIONAL MEASURES 21 Enforceability and enforcement of provisional measures 449 Philippe Pinsolle and Thomas Voisin Index

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Book SynopsisThe author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder. This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.Trade Review‘The past two decades have witnessed a sea change in the third-party funding of claims submitted to arbitration, both domestic and international. That evolution is reflected in Dr. Sweify’s sophisticated understanding of the forces driving the expansion of and innovation in the third-party funding market. His well-organized and clearly written monograph not only identifies the myriad policy and legal issues involved in third-party funding across different jurisdictions, it also provides an insightful analysis of the financial, economic, and legal factors that underlie funders’ risk assessment of claims and how that risk is managed. His book deserves a prominent place in the libraries of scholars, practitioners, financiers, after-the-event insurers, amongst other stakeholders.’ -- Arif Hyder Ali, Dechert LLP. Washington, D.C., US‘Dr. Mohamed Sweify' s excellent monograph takes us beyond the original questions that first animated debates about third-party funding in international arbitration (TPAF). In this thoughtful and well-written work, Sweify identifies and addresses what might be called a “new generation” of questions about TPAF. In this work, he not only raises questions, but also offers meaningful, practical solutions. In this aim, he seeks to develop a new methodology to analyze the key issues, proposes alternative means for structuring TPAF, and makes a renewed call for intelligent regulation in the field. This book is crucial reading for arbitration practitioners, policymakers, and funders themselves, whether they are likely to agree or need to respond to the points the book raises.’ -- Catherine Rogers, Università Bocconi, Italy‘With the rise in third party funding in international arbitration it has become a subject with which every practitioner and arbitrator must become familiar. Professor Sweify has penned a remarkably cogent and comprehensive book that also flags the issues and offers new and interesting perspectives on solutions. It should be on every bookshelf.’ -- Edna Sussman, Arbitrator, FCIArb; Distinguished Practitioner in Residence, Fordham Law School USTable of ContentsContents: Foreword Professor Jack J. Coe, Foreword Justice Jenny Rivera Preface Introduction – Third party funding: profit concentration 1. Mapping third party funding 2. Abandoned promise 3. A historical framework 4. Asymmetric imbalances 5. Regulation calculus 6. Nurturing the promise Index

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Book SynopsisAfter decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.Trade Review‘Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a “who's who” of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices.’ -- Victoria Sahani, Boston University, US‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’ -- Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East MootTable of ContentsContents: PART I THEORETICAL INTRODUCTION 1 Introduction: reaching sustainable diversity in international arbitration 2 Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, Joshua Karton 2 Diversity in four dimensions 6 Joshua Karton 3 Fluidity of culture: convergence and informed divergence in cross-border arbitration 21 Shahla F. Ali PART II DIVERSITY IN THE ARBITRAL COMMUNITY 4 Diversity in investment arbitration: balancing individual and community legitimacy 33 Fernando Dias Simões 5 Gender, race, or both? The need for greater consideration of intersectionality in international arbitration 48 Kabir A.N. Duggal and Rekha Rangachari 6 Diversifying the dominant demographics in international arbitration – the how, the why and the (maybe) solution 66 D’Andra A. Johnson and Theominique D. Nottage 7 Sustainable diversity in international arbitration: the case of ad hoc, maritime, and commodities trade arbitration 83 Eva Litina 8 Developing diversity within diversity discourse: remembering non-lawyers in arbitration 101 Luke Nottage, Nobumichi Teramura and James Tanna 9 CETA – where are the women? Diffusing the thought-terminating clichés that impeded diversity 119 Katherine Simpson and Anthony Marcum 10 Boosting diversity in international arbitration: lessons from and for China? 135 Monika Prusinowska 11 Judicial capacity-building and sustainable diversity under the Model Law 150 Anselmo Reyes PART III DIVERSITY IN CULTURES AND STYLES OF ARBITRATION 12 Arbitration and the diversity of constitutional cultures 168 Victor Ferreres Comella 13 Diversity of med-arb in international arbitration 182 Weixia Gu 14 I say discovery, you say disclosure. Evidence in international arbitration 198 Alyssa S. King 15 Linguistic diversity in international investment arbitration 213 Ksenia Polonskaya 16 Challenging the arbitrariness perception of ex aequo et bono to (re-)discover procedural diversity 229 Nobumichi Teramura PART IV “SUSTAINABLE” ARBITRATION – ENVIRONMENTAL ISSUES 17 The role of international arbitration in resolving climate change related disputes: selected prospects and issues 243 Konrad J. Czech and Bartosz Soloch 18 Transparency in international arbitration as a catalyst to combat climate change: is it time to embrace democratised access to data in climate change related disputes? 258 Caroline Deves and Piotr Wilinski 19 Arbitration and climate change: sustainable and diverse policy and practice 276 Lucy Greenwood Index 289

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Book SynopsisThis forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource.This book’s recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.Trade Review‘Based on most up-to-date and empirical research of the Belt and Road Initiative and its implications for business, this ground-breaking book is of enormous use for practitioners and scholars. Written by a leading expert on international economic law, it is packed with many valuable examples, case studies, judicial observations and practitioner insights.’ -- Heng Wang, UNSW Sydney, AustraliaTable of ContentsContents: Foreword Preface 1. Introduction: ASEAN businesses and the Belt and Road Initiative – risks and opportunities 2. A taxonomy of BRI disputes 3. Key findings 4. Conclusion and recommendations Index

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Book SynopsisThe South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.

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Book SynopsisThis publication was conceived in 1948 as a collection of international awards or decisions rendered between States, including cases involving espousing or respondent Governments on behalf of individual claimants. The present volume reproduces the awards in two arbitrations, namely, the case between the Republic of Ecuador and the United States of America, and the Railway Land Arbitration between Malaysia and Singapore, respectively. It also reproduces the outcome of the Timor Sea Conciliation, involving Timor-Leste and Australia.

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Book SynopsisThe book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond.“…The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective…" - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator“…This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated…” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0 Table of Contents1.0 Introduction to the book 1.1 An overview of the international regime on enforcement of foreign arbitral awards 1.2 Identifying the difficulties encountered in implementing this regime 2.0 The exceptions to the Enforcement of the Foreign Arbitral Awards within the New York Convention – jurisprudence from State Practice 2.1 Article V(1)(a) 2.2 Article V(1)(b) 2.3 Article V(1)(c) 2.4 Article V(1)(d) 2.5 Article V(1)(e) 2.6 Article V(2)(a) &(b) 3.0 UNCITRAL Model Law 3.1 – mapping the work of Working Group II 3.2 – UNCITRAL ML on recognition and enforcement of arbitral awards 3.3 - Article 34 – set aside of arbitral awards 3.4 - Article 36 – refusal of recognition or enforcement of foreign arbitral awards 4.0 The Public Policy Exception to Enforcement – the origins in private law 4.1 – articulation of public policy within private international law 4.2 - public policy in international commercial arbitration 4.3 the manifestation and diversity of public policy within international commercial arbitration 4.4 – the guidance under the international instruments related to international arbitration 4.5 – The New York Convention on Public Policy 4.6 – The UNCITRAL Model Law on Public Policy 5.0 – State practice on the delimitation and interpretation – the maximalist and minimalist approaches 5.1 – instances of delimitation of Public Policy exception through statutory provisions 5.2 - judicial interpretations on the scope of the public policy exception 6.0 – Public policy – need to rein the unruly horse 6.1 – time for a uniform approach to public policy 6.2 – a possible content for public policy – fundamental standards of the international community and international conventions 7.0 - Conclusion

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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 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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