A Guide to the ICSID Additional Facility Arbitration RulesA Guide to the ICSID Additional Facility Arbitration Rules

This is the first text to provide a comprehensive examination of the inception, interpretation and application of the ICSID Additional Facility Rules, written by practitioners with extensive experience in international arbitrations, and ...

Author: Caroline Richard

Publisher: Oxford University Press, USA

ISBN: 0198713754


Page: 304

View: 258

Recourse to arbitration under the ICSID Additional Facility Rules in those cases where standard ICSID arbitration is not available is on the increase. Not only has there been a steady flow of Additional Facility Rules cases against States that have traditionally used the Additional Facility Rules (such as Canada and Mexico), but there has also been a spike in cases against new users such as Uzbekistan, Laos, Kyrgyzstan, and Equatorial Guinea. The denunciation of the ICSID Convention by Venezuela, Ecuador, and Bolivia will likely also fuel the growth in arbitrations under the Additional Facility Rules, as several of their investment treaties provide for the use of the Additional Facility Rules when ICSID Convention arbitration is not available. This is the first text to provide a comprehensive examination of the inception, interpretation and application of the ICSID Additional Facility Rules, written by practitioners with extensive experience in international arbitrations, and with the benefit of insights from the ICSID Secretariat. It is practical and strategic in approach, considering how each rule features in the context of the realities that practitioners face, with an ongoing comparison between the Additional Facility Rules and other rules commonly used in investment arbitrations, such as the standard ICSID Rules and the UNCITRAL Rules. The book begins with an introduction to ICSID Additional Facility arbitration and is followed by an in-depth rule-by-rule analysis, starting with the commencement of an arbitration and working up to and including the rendering of an award and the determination of costs. The examination will be supported by comprehensive consideration of all awards rendered under the Additional Facility rules to date.

Egypt Investment and Business GuideEgypt Investment and Business Guide

International Arbitration The U.S. Embassy recommends that U.S. companies put
clauses specifying binding international arbitration of disputes in their
commercial agreements. ICSID Convention and New York Convention Egypt
acceded to ...

Author: International Business Publications, USA


ISBN: 9781438767482


Page: 300

View: 528

Egypt Investment and Business Guide - Strategic and Practical Information

The Oxford Guide to TreatiesThe Oxford Guide to Treaties

In more recent years, however, it has come to be accepted that the arbitration
clause, instead, is an offer by the host State ... Settlement of Investment Disputes (
ICSID) tribunals in recent years have understood that their jurisdiction is created
in ...

Author: Duncan B. Hollis

Publisher: Oxford University Press, USA

ISBN: 9780198848349


Page: 928

View: 759

The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

International Investment Political Risk and Dispute ResolutionInternational Investment Political Risk and Dispute Resolution

language of arbitration , number of arbitrators , and methods of selection of
arbitrators , as well as other matters ... the ICSID Rules , see generally LUCY
( 2004 ) ...

Author: Noah Rubins

Publisher: Oxford University Press, USA

ISBN: STANFORD:36105063960939


Page: 769

View: 362

An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected. International Investment, Political Risk, and Dispute Resolution provides a practical, sophisticated, and comprehensive discussion of all the relevant issues related to political risk: � The political risk of expropriation, both direct and indirect � Subtle yet nefarious forms of "indirect" and "creeping" expropriation that can be more difficult to prove, identify, quantify, and protect against � Protections available under international law to minimize such political risks � The role of bilateral investment treaties, government-sponsored and private investment insurance, and various provisions that may be utilized in investment agreements between the investor and the host state � Measures and steps that can be taken to reduce or respond to political risk, including the proper application of international arbitration

Redfern and Hunter on International ArbitrationRedfern and Hunter on International Arbitration

The process of ICSID arbitration is described in Reed , Paulsson , and Blackaby ,
Guide to ICSID Arbitration ( Kluwer Law International , 2004 ) . See para 24 of the
Report of the Executive Directors on the Washington Convention : ' ... Nor does ...

Author: Nigel Blackaby

Publisher: Oxford University Press

ISBN: STANFORD:36105134486146


Page: 849

View: 251

Reviewing the legal context within which international commercial arbitration operates, this text has been updated to reflect recent developments in international law.

A Practical Guide to International Arbitration in LondonA Practical Guide to International Arbitration in London

ENFORCEMENT The United Kingdom , as a party to the ICSID Convention ? has
a mandatory obligation to recognise an arbitration award made pursuant to the
ICSID Convention . Contracting states will : " enforce the pecuniary obligations ...

Author: Hilary Heilbron

Publisher: Informa Maritime & Transport

ISBN: STANFORD:36105134496582


Page: 356

View: 492

A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration where the seat of the arbitration is London. The book also examines the role of the English courts in assisting foreign arbitrations and in relation to enforcement of foreign awards. Contents include: dome relevant aspects of the English legal system and practice overview of the advantages and disadvantages of arbitration compared with other forms of dispute resolution understanding arbitration clauses the scope of the arbitration clause choosing the tribunal and the legal team activity and consideration prior to commencing an arbitration first steps in the process activity and considerations upon formation of the tribunal jurisdiction directions and timetable applications to the court prior to the hearing ongoing issues and preparing for hearings awards challenges to the award enforcement of an English or foreign award investment trea

A Guide to the World BankA Guide to the World Bank

The International Centre for Settlement of Investment Disputes ICSID helps
encourage foreign investment by providing international facilities for the
conciliation and arbitration of investment disputes , thereby helping foster an
atmosphere of ...

Author: World Bank

Publisher: Guide to the World Bank (Hardc

ISBN: UCSC:32106019522041


Page: 247

View: 171

Following the success of the first edition (with over 12,000 copies sold), the World Bank is publishing this completely revised and updated second edition of the Guide to the World Bank. It provides detailed information on the largest anti-poverty institu

Craig Park Paulsson s Annotated Guide to the 1998 ICC Arbitration RulesCraig Park Paulsson s Annotated Guide to the 1998 ICC Arbitration Rules

International Court of Arbitration, William W. Park, Jan Paulsson, International
Chamber of Commerce ... the International Centre for Settlement of Investment
Disputes Rules of Procedure for Arbitration Proceedings ( “ ICSID Arbitration
Rules ...

Author: William Laurence Craig

Publisher: Oxford University Press on Demand

ISBN: UOM:35112202680940


Page: 236

View: 724

This indispensable volume provides a complete and authoritative discussion of the ICC rules and their application. Organized by arbitration rules, it contains an article-by-article analysis of the rules, including a comparison with the text of the relevant section of the 1975 rules, along with comprehensive indexes for tracking the rules of the court, and advice for arbitrators. Each annotation contains an explanation of the rationale that drove the revision or incorporation, as well as the expected effect on ICC arbitration practice. Where the rules are influenced by other established arbitration rules, appropriate cross-references appear. Contents summary: � Overview of the 1998 rules � Annotated text with commentary � Arbitral tribunal and proceedings � Awards � Costs � Conversion tables � Appendices to the 1998 rules � Index

The Strategic Guide to International TradeThe Strategic Guide to International Trade

Arbitration : ICSID or UNCITRAL A disputing investor may submit the claim to
arbitration under the Convention on the Settlement of Investment Disputes
between States and Nationals of other States ( ICSID ) , if the NAFTA country and
the ...

Author: Jonathan Reuvid

Publisher: Kogan Page Limited

ISBN: UCSD:31822025891656


Page: 236

View: 841

A guide to trading in the international arena. Contributors from world-renowned firms outline major areas of trade growth and investments, identify trade bodies and organizations for different trading situations, and present best practices for putting together an international trade venture. Part I surveys the current state of international trade and introduces the role and functions of the World Trade organization in the post-GATT era. Part II deals with key issues in international trade, such as the role of the International Chamber of Commerce, and tax and legal considerations. Part III provides practical information on how to set up an international trade business. Includes statistical appendices and chambers of commerce. Annotation copyrighted by Book News, Inc., Portland, OR

Legal Guide to International Business TransactionsLegal Guide to International Business Transactions

The International Centre for the Settlement of Investment Disputes ( ICSID )
provides the institutional framework for a neutral international adjudication of ...
Many bilateral investment treaties mandate the parties to submit ICSID arbitration

Author: Philip Marc Raworth

Publisher: Thomson Professional Pub. Canada

ISBN: STANFORD:36105044516917


Page: 316

View: 596