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Arbitrating the Conduct of International Investors by Jose Daniel Amado, Martin Doe Rodriguez and Jackson Shaw Kern (2018, Hardcover)
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About this product
Product Identifiers
PublisherCambridge University Press
ISBN-101108415725
ISBN-139781108415729
eBay Product ID (ePID)240390733
Product Key Features
Number of Pages218 Pages
LanguageEnglish
Publication NameArbitrating the Conduct of International Investors
SubjectArbitration, Negotiation, Mediation
Publication Year2018
TypeTextbook
Subject AreaLaw
AuthorJose Daniel Amado, Martin Doe Rodriguez, Jackson Shaw Kern
FormatHardcover
Dimensions
Item Height0.6 in
Item Weight15.2 Oz
Item Length9.3 in
Item Width6.1 in
Additional Product Features
Intended AudienceScholarly & Professional
LCCN2017-043586
ReviewsThis is a highly thoughtful and timely book, whose innovative proposals deserve careful study. A commendable work. Gary Born, Partner, Chair of the International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP, Advance praise: 'This is a highly thoughtful and timely book, whose innovative proposals deserve careful study. Faced with the litany of criticism investor-State arbitration has recently been exposed to, it seeks to reform rather than surrender by setting out ways to rebalance what many perceive as a structural bias in favor of investors. The authors address the interests of a diversified group of stakeholders and suggest the inclusion of access to effective recourse for host States and their nationals in international investment treaties. With innovative proposals like these, including model texts, winter may not be coming in investor-State arbitration quite yet. A commendable work.' Gary Born, Partner, Chair of the International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP
Dewey Edition23
IllustratedYes
Dewey Decimal346.092
Table Of ContentIntroduction; 1. The legal landscape; 2. The four models; 3. Jurisdiction Ratione Personae: the foreign investor; 4. Mass proceedings and settlement agreements; 5. Jurisdiction Ratione Materiae: the substantive rights; 6. Enforcement; Conclusion; Annex I: the model texts; Index.
SynopsisA comprehensive guide for those who might wish to reform international investment law from within by openly allowing for the arbitration of claims submitted by the host state and its nationals. A detailed toolkit, including model texts for treaty and contract, is offered to lawyers, lawmakers and draftsmen., Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.
LC Classification NumberK2400
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