Suchergebnisse

Chapter 1: Introduction -- I The EU and international arbitration in the international legal system -- A The EU as supranational entity -- B International arbitration as part of international law -- II Restrictions on international arbitration by the EU's judicial system -- A The role of the Court of Justice of the EU -- B 'Party autonomy' challenged by EU judicial supremacy -- III The Public/Private divide -- A Distinguishing treaty-based from commercial arbitration -- B Contractual and jurisdictional theories of arbitration -- IV Privatisation of justice within the EU? -- A EU law as transnational law -- B The doctrine of non-arbitrability in international commercial arbitration -- C The legitimacy debate in investment treaty arbitration -- D Developing an EU arbitral model through dialogue --

Foreword to the Second Edition --Preface by the Authors --Abbreviations --Introduction --Challenges of Conflict Management --International Commercial Arbitration --Alternatives to Arbitration --Synthesis --Conclusion --List of Individuals --Bibliography.

List of Abbreviations --Preface --Introduction --Intellectual Property, Agreements Relating to It and Disputes that Arise as to It or under Such Agreements --Benefits and Limitations of International Arbitration for IP Disputes --Arbitrability of IP Disputes --Legal and Regulatory Framework of an IP Arbitration --Arbitration Agreements --The Arbitral Tribunal --Organization and Conduct of Arbitral Proceedings and the Taking of Evidence --Confidentiality of Arbitral Proceedings --The Making, Setting Aside, Recognition and Enforcement of Arbitral Awards --IP Mediation --Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), 1958 --WIPO Arbitration Rules 2002 English --WIPO Expedited Arbitration Rules 2002 English --WIPO Mediation Rules, 2002.

"In 1885, Germany and Portugal became neighbours in Africa. The newly founded colony of German Southwest Africa prevented the southwards expansion of the ancient colony of Angola. The border along the Cunene and Kavango Rivers remained under dispute. After the outbreak of World War I in Europe, Portugal's neutrality was questioned in German Southwest Africa (GSWA), and when a group of German officials waiting near the border of Angola for food transports were shot in the Angolan fortress Naulila, a state of war between both colonies seemed inevitable. German troops launched several military reprisals against fortresses in southern Angola, most significantly against Naulila in December 1914. After their victory at Naulila, the Germans retreated to GSWA. However, African powers, most notably Kwanyama forces led by King Mandume, used the weakness of the defeated Portuguese army to expel the colonial troops from southern Angola. In 1915, a counter-offensive was launched with troops from Portugal that ended with the complete occupation of Kwanyama territories. After the war, a Luso-German arbitration procedure according to the Treaty of Versailles (1919) assessed the damages in Angola and Germany's responsibility to pay reparations. The arbitration award of 1928 that established Germany's responsibility for the violation of international law when attacking Naulila became a landmark case. It still holds relevance for modern international law. The final part of this book analyses the memorial culture that developed in Angola, Namibia, Germany and Portugal around the war in 1914/15"--

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 legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.