Suchergebnisse

Introduction --Draft Text of a Model Law on International Commercial Arbitration --Welcoming Addresses --Introductory Address --Introduction to the Model Law of UNCITRAL on International Commercial Arbitration --Arbitration Agreement and Competence of the Arbitral Tribunal --Arbitration and the Courts --Composition of the Arbitral Tribunal and Making of the Award --Conduct of Arbitral Proceedings --Possible Conflict of Laws Rules and the Rules Applicable to the Dispute --Recourse Against the Award; Enforcement of the Award.

Introduction --Arbitral Tribunals' Jurisdictional Scope and Privity of Contract: An Ever-Relevant Element in the Current Debate over Investment Treaty Arbitration --The Unresolved Conundrum of Contract-Based and Treaty-Based Claims: An Extra Element of Contention – Privity of Contract --Privity Considerations in International Investment Arbitration --Privity of Contract and Treaty Guarantees: Analysis of the Merits --Investment Treaty Arbitration's Legitimacy Crisis and Privity's Pivotal Role in Finding a Way Out.

International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes. --

International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes. --

Under the hood of investment arbitration : general principles of law / Andrea Gattini, Attila Tanzi and Filippo Fontanelli -- General principles of law on the legal force of provisional measures in international investment arbitration / Federico Lenci -- Transparency in the arbitral procedure / Maria Beatrice Deli -- General rules and principles on state responsibility and damages in investment arbitration : some critical issues / Zeno Crespi Reghizzi -- Investment arbitration and EU general principles of law : current developments / Francesco Munari and Chiara Cellerino -- Jurisdiction ratione temporis in international investment arbitration / Andrea Gattini -- Jurisdiction and admissibility in international investment law / August Reinisch -- Multiple proceedings / Christoph Schreuer -- Annulment of awards / Piero Bernardini -- The relevance of the foreign investor's good faith / Attila Tanzi -- Human rights law in international investment arbitration / Vivian Kube and E.U. Petersmann -- Unjust enrichment as a general principle of law in investment arbitration / Christina Binder -- Sustainable development and investment : trends in law-making and arbitration / Pia Acconci -- Police powers doctrine and international investment law / Catharine Titi -- An exercise in equivocation : a critique of legitimate expectations as a general principle of law under the fair and equitable treatment standard / Josef Ostransky -- The national treatment obligation / Matteo Sarzo -- Most-favoured-nation clauses and the centrality and limits of general principles / N. Jansen Calamita and Ewa Zelazna -- Indirect expropriation : a comparative approach / Ursula Kriebaum

"This book rethinks 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."--