Description

Book Synopsis
The Institute of International Law''s 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute''s Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

Table of Contents
Part I. Application to the Establishment of the Tribunal: 1. Forum; 2. Tribunal Part II. Application to the Procedure of the Tribunal; 1. Parties; 2. Pleading and evidence; 3. Substantive equality of arms.

The Institute of International Laws Resolution on

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      Book details

      Publisher Cambridge University Press
      Published 18 November 2021
      ISBN-13 9781316517826
      978-1316517826
      ISBN-10 1316517829
      Also in:
      Law Public international law

      Description

      Book Synopsis
      The Institute of International Law''s 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute''s Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

      Table of Contents
      Part I. Application to the Establishment of the Tribunal: 1. Forum; 2. Tribunal Part II. Application to the Procedure of the Tribunal; 1. Parties; 2. Pleading and evidence; 3. Substantive equality of arms.

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