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Keywords: International Centre for Settlement of Investment Disputes
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Chapter
Published: 22 September 2016
...This chapter presents the International Centre for Settlement of Investment Disputes (ICSID). The ICSID was established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 in order to provide a reliable and effective mechanism...
Chapter
State Responsibility and Attribution
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Rudolf Dolzer and Christoph Schreuer
Published: 15 November 2012
... jurisprudence of the International Centre for Settlement of Investment Disputes (ICSID) reflects this terminology referring to a ‘structural test’ (corresponding to the rule in Art 4) and a ‘functional test’ (along the lines of Art 5). 33 Article 5 of the ILC’s Articles covers the exercise...
Book
Principles of International Investment Law (2nd Edition)
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Rudolf Dolzer and Christoph Schreuer
Published: 15 November 2012
Chapter
Introduction
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Christopher F Dugan and others
Published: 18 September 2008
... and exporters, and the purpose of investment protection is discussed. International Centre for Settlement of Investment Disputes Investment Foreign Direct Investment Investor Arbitration Aliens, treatment Cross-border investment is fundamental to twenty-first century commerce, but it is hardly a new...
Chapter
The Modern System of Investor-State Arbitration
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Christopher F Dugan and others
Published: 18 September 2008
... arbitration, bilateral investment treaties, multilateral investment treaties, and national investment legislation. Free Trade Area of the Americas Common Market of the South International Centre for Settlement of Investment Disputes BITs (Bilateral Investment Treaties) NAFTA (North American Free Trade...
Chapter
Consolidation under Relevant Arbitration Rules or Treaties
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Christopher F Dugan and others
Published: 18 September 2008
... of awards under the New York Convention. International Centre for Settlement of Investment Disputes Consolidation of claims UNCITRAL Arbitration Rules Recognition and enforcement NAFTA (North American Free Trade Agreement) BITs (Bilateral Investment Treaties) Consolidation of related claims...
Chapter
Consent to Arbitral Jurisdiction
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Christopher F Dugan and others
Published: 18 September 2008
... contracts, national investment legislation, investment protection treaties as consent to arbitration, and investment arbitration based on compromise International Centre for Settlement of Investment Disputes UNCITRAL Arbitration Rules Consent to jurisdiction BITs (Bilateral Investment...
Chapter
The Concept of Investment
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Christopher F Dugan and others
Published: 18 September 2008
... the Washington Convention; and preinvestment protection. International Centre for Settlement of Investment Disputes Investor BITs (Bilateral Investment Treaties) UNCITRAL Arbitration Rules The notion of investment and its definitions are inherently vague, and the meanings of the term investment ...
Chapter
Annulment and Set Aside
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Christopher F Dugan and others
Published: 18 September 2008
... awards, and case studies of non-ICSID challenge proceedings. International Centre for Settlement of Investment Disputes Annulment UNCITRAL Arbitration Rules Many consider the finality of awards to be one of the primary advantages of arbitration. 1 Hyperbolically describing the immunity...
Chapter
Who Uses the Vienna Convention to Interpret Treaties?
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Richard Gardiner
Published: 01 June 2015
... be considered when using materials from these varied sources are discussed. International Centre for Settlement of Investment Disputes United Nations European Union European Court of Justice International Court of Justice European Court of Human Rights World Trade Organization Vienna Convention...
Book
Consent in International Arbitration
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Andrea Marco Steingruber
Published: 15 March 2012
Chapter
The Scope of Consent In Investment Arbitration
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Andrea Marco Steingruber
Published: 15 March 2012
...International Centre for Settlement of Investment Disputes UNCITRAL Arbitration Rules Counterclaims 14.01 This chapter examines the scope of consent in investment arbitration. The chapter begins by discussing the scope of consent generally and its limitations in the offer of the host State...
Chapter
The Function of Compensation and Damages
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Irmgard Marboe
Published: 30 March 2017
... subjective valuation approaches. International Centre for Settlement of Investment Disputes Compensation Damages Reparations 2.01 Compensation and damages are pecuniary remedies which shall, as far as money can do, repair harm or loss sustained. They have an important function for doing justice...
Chapter
Establishing Arbitral Jurisdiction
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N Stephan Kinsella and Noah D Rubins
Published: 22 September 2005
... instruments, how “investment” is defined in treaties and investment laws. Also discussed are various “problem areas” such as pre-investment expenditures, contingent rights, contract rights, and indirect equity investments. International Centre for Settlement of Investment Disputes Arbitration Exhaustion...
Chapter
Conciliation of Investment Disputes
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N Stephan Kinsella and Noah D Rubins
Published: 22 September 2005
... and investment treaties, the hybrid practice of mediation-arbitration, choosing a conciliator or panel of conciliators, and an analysis of why conciliation is not more frequently used in investment disputes. International Centre for Settlement of Investment Disputes Conciliation Mediation Confidentiality...
Book
International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide (First Edition)
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N Stephan Kinsella and Noah D Rubins
Published: 22 September 2005
Chapter
Enforcing Awards Involving Foreign Sovereigns
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Brian King and others
Published: 08 April 2010
...International Centre for Settlement of Investment Disputes Awards Interim and provisional measures Recognition and enforcement Arbitral tribunals There are a number of unique qualities to arbitrations involving sovereigns, which counsel to both investors and states need to bear in mind from...
Chapter
The Pursuit of Stability
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Peter D Cameron
Published: 25 March 2010
...International Centre for Settlement of Investment Disputes Organization of Petroleum Exporting Countries Natural resources Creeping expropriation Host state nationality Measure Definition of investment Arbitration UNCITRAL Arbitration Rules Gold standards or reference currencies embodied...
Chapter
Meeting Challenges to Stability in the Context of the Global Adjudication System
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Peter D Cameron
Published: 25 March 2010
...International Centre for Settlement of Investment Disputes Expropriation Investor UNCITRAL Arbitration Rules Full protection and security Fair and equitable treatment standard BITs (Bilateral Investment Treaties) [T]he stability of the legal and business framework in the State party...
Chapter
Interpretation and Application of Investment Treaties
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Rudolf Dolzer and Rudolf Schreuer
Published: 28 February 2008
..., 2 ICSID Reports 351 . 68 Bayindir v Pakistan , Decision on Jurisdiction, 14 November 2005, para 178 . International Centre for Settlement of Investment Disputes Arbitral rules Treaties, interpretation Rules of treaty interpretation Investment II Interpretation...