Suchergebnisse

Rethinking the relevance of customary international law to issues of nationality in investment treaty arbitration / Javier García Olmedo -- Investment claims and annexation of territory : where general international law and investment law collide / Sebastian Wuschka -- General exception clauses in international investment agreements: a case for systemic integration? / Tobias Ackermann -- International norms, a defense in investment treaty arbitration? / Dafina Atanasova -- Towards a new regulatory paradigm under recent fta investment chapters? / Elsa Sardinha -- Let's get it right : a comparative law approach as a technique for solving conflicts between EU law and investment arbitration / Blerina Xheraj -- The energy charter treaty and European Union law : mutually supportive instruments for economic cooperation or schizophrenia in the "acquis" / Cees Verburg -- The structural need for intra-EU bit protection / Emily Sipiorski -- Is one permanent instance enough? : a comparison between the WTO appellate body and the proposed investment court system / Marcus Weiler -- The appropriate use of bifurcation as a means for increasing efficiency in investment arbitration / Jola Gjuzi -- Effective management of mass claims arbitration : what could be learnt from international tribunals? / Katarzyna Szczudlik -- The impact of the economic and political situation prevailing in the host state on compensation under international investment law / Sven Lange -- The impact of third party funding on an ICSID tribunal's decision on security for costs / Alexander Hoffmann -- Rationalising costs in international arbitration : a tall order? / speech by Neil Kaplan QC CBE SBS

"Starting from an analysis of the sources of parallel proceedings, and from a study on the reasons for the proliferation of international investment arbitrations arising from the same facts, this book analyzes one of the most relevant issues of investment arbitration. [The author] argues that at the admissibility stage of arbitral proceedings the application of certain principles (namely abuse of process, res judicata and collateral estoppel) could, if such principles are broadly interpreted, offer practical solutions to the issue. This interpretation finds support in several awards and legal writings."--

The article discusses the issue of creating investment arbitration in the BRICS member states. The prerequisites for the creation of this institution are the problems of "classical" investment arbitration, which, in turn, are predetermined by the crisis of globalism as an idea of the world order.Aim. The purpose of this work is to study the prerequisites and the possibility of creating investment arbitration in the BRICS countries.Tasks. Within the framework of achieving this goal, the following tasks were solved: analysis of the crisis of the idea of globalism and, as a consequence, the crisis of "classical" investment arbitration; analysis of the regionalization of legal institutions in general and investment arbitration, in particular; analysis of the conditions for the creation of investment arbitration in the BRICS member states.Methods. The methodology of solving the formulated tasks is based on the identification of those patterns that are characteristic of various periods of the existence of world political, economic and legal relations.Results. The prerequisites for the creation of BRICS investment arbitration are the problems of "classical" investment arbitration. The author concludes that this crisis entails a tendency to regionalize both communities of states and legal institutions that ensure the functioning of these unions. Hence, there is a need for the formation of regional arbitrations. Since the BRICS community has set as its goal the formation of a coordinated financial, trade and investment policy, it also required the appropriate jurisdictional support of these processes. In addition to the creation of other institutions, the economic needs of the BRICS require the creation of investment arbitration, which should become a mechanism for resolving investment disputes arising between various economic entities.Conclusions. It is concluded that when creating investment arbitration, it is necessary to abandon the ideology of protecting exclusively the rights of the investor, which has become the dominant idea in matters of economic law and order. In particular, it is necessary to take into account the interests of public entities — recipients of investments. These interests lie in the plane of protecting human rights, public needs, and environmental problems. In addition, it is necessary to abandon the exclusive use of the Anglo-Saxon legal technique, which is imposed within the framework of the existing investment arbitration. In the end, the conclusion is made about the relevance of the creation of the BRICS investment arbitration, that this institution will contribute to the strengt hening and development of ties betw een the states participating in this association.

The law applicable to arbitral proceedings in general, and to investor-State arbitral disputes in particular, has always been a conundrum. This is for a simple reason: arbitral proceedings are detached from any national legal system. Given this, the question raised is how to let arbitrators determine the applicable law for the dispute. The solution provided by arbitral clauses enacted within arbitral rules of procedures, or investment treaties, are slightly different. Namely, the freedom conferred upon the arbitral tribunal to determine the applicable law, absent any party's choice, has raised much debate among both academics and the jurisprudential praxis. This paper aims to reopen the debate on the lex applicable in investor-State dispute settlements. After providing some historical background on arbitral proceedings, along with the interpretation and application given to ICSID Convention art. 42.(1), the analysis will then show that the recent arbitral praxis has had to tackle a third set of laws. Reference will be made to European union law, questioning whether and how arbitral tribunals should apply European law in disputes arising out of so-called intra-EU BITs or the Energy Charter Treaty. Some conclusions on the relationship between international and European law will then be attempted.