Applicable Law in International Investment Disputes
eBook - PDF

Applicable Law in International Investment Disputes

  1. 269 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Applicable Law in International Investment Disputes

About this book

This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.

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Yes, you can access Applicable Law in International Investment Disputes by Taida Begic in PDF and/or ePUB format, as well as other popular books in Law & Conflict of Laws. We have over one million books available in our catalogue for you to explore.

Information

Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Title Page
  3. Table of Contents
  4. ABBREVIATIONS
  5. INTRODUCTORY NOTE
  6. ACKNOWLEDGEMENTS
  7. CHAPTER I: INVESTOR/STATE ARBITRATION AND THE APPLICABLE SUBSTANTIVE LAW
  8. CHAPTER II: AGREED CHOICE OF LAW
  9. CHAPTER III: ABSENCE OF AGREED CHOICE OF LAW
  10. CHAPTER IV: THE ROLE OF INTERNATIONAL LAW AND ITS RELATION TO DOMESTIC LAW
  11. CHAPTER V: ISSUES OF ANNULMENT
  12. CHAPTER VI: PROHIBITION OF A NON-LIQUET
  13. CHAPTER VII: DECISION EX AEQUO ET BONO
  14. CHAPTER VIII: SUMMARY OF CONCLUSIONS
  15. TABLE OF CASES
  16. OFFICIAL DOCUMENTS
  17. BIBLIOGRAPHY