Suchergebnisse

Ex Aequo et Bono as a Response to the 'Over-Judicialisation' of International Commercial Arbitration' investigates significant divergence in the understanding of ex aequo et bono across state jurisdictions and international arbitration institutions and analyses the core trends in actual legal practice and in thinking about the principle. Despite its many distinguished proponents over time, ex aequo et bono - the idea of deciding disputes on the basis of what an adjudicator regards as fair and equitable - has failed to take hold in international commercial arbitration (ICA). Formalisation and fossilisation of arbitral procedure, as manifested in the increasing use of litigation-style practice, unfortunately reign instead. This bold and challenging book argues that parties to an arbitration should be more willing for their cross-border disputes to be decided (and arbitrators should be more prepared to decide those disputes) in accordance with broad principles of equity and fairness, rather than by strict adherence to technical rules of law

Ex Aequo Et Bono: A Forgotten Opportunity to Rescue International Commercial Arbitration from 'Over-Judicialisation' --The Modern Legal Doctrinal Methodology Applied to Ex Aequo Et Bono under the UNCITRAL Model Law on International Commercial Arbitration --The Strengths and Weaknesses of Arguments Pertaining to Ex Aequo Et Bono --Ex Aequo Et Bono and Contract Terms: The Interpretation of Contract Terms by Arbitrators Invested with the Power of Fairness --Ex Aequo Et Bono and Trade Usages: The Application of the Usages of Trade by Arbitrators Invested with the Power of Fairness --Ex Aequo Et Bono, Mandatory Rules of Law and Public Policy: Balancing the Discretion of Private Adjudicators to Decide Fairly Against Constraints Imposed by Nation States --Ex Aequo Et Bono and Arbitration Theories: An Arbitrator's Subjective Perspective of Fairness as the Final 'Gap-Filler'.

International dispute resolution is only at an early stage of development in Brunei. Although the government established the Brunei Darussalam Arbitration Centre (BDAC) in 2014 to provide domestic and international users with arbitration and mediation services, the institution has yet to attract a significant caseload. This is in contrast with neighbouring countries such as Singapore (a regional hub for international dispute resolution) and Malaysia (an active and rising centre of dispute settlement). Their flagship arbitration institutions, the Singapore International Arbitration Centre (SIAC) and the Asian International Arbitration Centre (AIAC) (formerly known as the Kuala Lumpur Regional Centre for Arbitration), handle several hundred cases every year and have generated substantial cashflow into their respective legal sectors. This trend has still to materialise in Brunei.

This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, "rule makers" rather than "rule takers" regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption. ; This open access book explores Asian approaches towards investment arbitration — a transnational procedure to resolve disputes between a foreign investor and a host state — setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, "rule makers" rather than "rule takers" regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance and law, who are undertaking new research relating to the multifaceted impacts of corruption.

Introduction -- 1. Bribery and Other Serious Investor Misconduct in Asian International Arbitration -- Part 1: The Economic Context of Corruption and Investment -- 2.Does Corruption Hinder FDI and Growth in Asia and Beyond? The Grabbing Versus Helping Hand Revisited -- 3. The Effect of Corruption on Foreign Direct Investment at the Regional Level: Positive or Negative Relationship? -- Part 2: General Legal Issues from the Interface of Corruption, Illegality and Investment Arbitration -- 4. Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective -- 5. Multi-Tiered International Anti-Corruption Cooperation in Asia: Treaties Review and Prospects.