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Buch lesen Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Beschreibung Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

/0190054433

Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.

Arbitration Costs: Myths and Realities in Investment Treaty Arbitration Ebooks, PDF, ePub

Arbitration Costs: Myths and Realities in Investment ~ Susan Franck’s book, Arbitration Costs: Myths and Realities in Investment Treaty Arbitration, sets out to correct this state of affairs, particularly with regard to ITA and fiscal costs. Her objective is to provide the hard data so that stakeholders can engage in informed debates and policy reforms are based on scientific evidence as opposed to cognitive illusions. Franck delivers on her promise:

Book Launch: Arbitration Costs—Myths and Realities in ~ Wilmer Cutler Pickering Hale and Dorr LLP is delighted to invite you to the launch of Arbitration Costs—Myths and Realities in Investment Treaty Arbitration by Susan D. Franck, Professor of Law at American University.. Professor Franck will discuss her new book, published by Oxford University Press, in which she draws on cognitive psychology and hard data to explore the reality of investment .

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Resources and Events – Investment Treaty News ~ Arbitration Costs: Myths and realities in investment treaty arbitration By Susan D. Franck, published by Oxford University Press, April 2019 This book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence.

Rationalizing Costs in Investment Treaty Arbitration by ~ Download This Paper. Open PDF in Browser. Add Paper to My Library . Share: Permalink. Using the URL or DOI link below will ensure access to this page indefinitely. Copy URL. Copy URL. Rationalizing Costs in Investment Treaty Arbitration. Washington University Law Review, Vol. 88, No. 4, 2011. Washington & Lee Legal Studies Paper No. 2011-8. 85 Pages Posted: 16 Mar 2011 Last revised: 18 Jul .

Arbitration - Oxford University Press ~ Oxford International Arbitration Series. Arbitration Costs. Myths and Realities in Investment Treaty Arbitration $ 135.00. Add Arbitration Costs to Cart. Susan D. Franck . 9780190054434 Hardcover 23 April 2019. Arbitration International. William Park W. Print ISSN: 0957-0411 / Online ISSN: 1875-8398 . Arbitration of Commercial Disputes. International and English Law and Practice $ 160.00. Add .

italaw ~ Comprehensive and free database on investment treaties, international investment law and investor-state arbitration. Jump to navigation. 2834. italaw. Menu. Browse; Search; Editors; Resources. EU Documents; Investment Treaties; Links; Recent Literature; Newsletters; Contact; Newly Posted Awards, Decisions & Materials. 16 Oct 2020. TECO Guatemala Holdings, LLC v. Republic of Guatemala, ICSID .

Commercial and investor-state arbitration: the importance ~ Concerns about investor-state dispute settlement (ISDS) provisions in international investment treaties have been an area of particular focus, and the debate about investment arbitration has become prominent both within the arbitration community, and in government, the academy and the press. These issues, by and large, are focused on national sovereignty and public accountability issues, and .

Arbitration and Alternative Dispute Resolution - Wildy ~ Arbitration Costs: Myths and Realities in Investment Treaty Arbitration Susan D. Franck ISBN 9780190054434 Published May 2019 Oxford University Press USA

ICC Dispute Resolution Bulletin 2020 - Issue 1 / ICC ~ The editorial board for the Bulletin is comprised of 20 arbitration and dispute resolution specialists from all parts of the world. The eBulletin is published three times a year. Issue 1 - 2020 of the ICC Dispute Resolution Bulletin. Message from the President of the ICC International Court of Arbitration

M. Imad Khan - Winston & Strawn ~ Acknowledgment, Arbitration Costs: Myths and Realities in Investment Treaty Arbitrations, Professor Susan D. Frank (Oxford, 2019) Acknowledgment, Consistency, Efficiency and Transparency in Investment Treaty Arbitration, IBA Arbitration Subcommittee on Investment Treaty Arbitration (2018) (acknowledgement for editorial and research assistance)

UNCITRAL Arbitration Rules / United Nations Commission On ~ With the adoption of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the "Rules on Transparency") in 2013, a new article 1, paragraph 4 was added to the text of the Arbitration Rules (as revised in 2010) to incorporate the Rules on Transparency for arbitration initiated pursuant to an investment treaty concluded on or after 1 April 2014. The new paragraph .

UNCITRAL Abitration Rules (with new article 1, paragraph 4 ~ 4. For investor-State arbitration initiated pursuant to a treaty providing for the protection of investments or investors, these Rules include the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“Rules on Transparency”), subject to article 1 of the Rules on Transparency. Notice and calculation of periods of time

June 2019 – Investment Treaty News ~ Good Faith in Investment Treaty Arbitration. This book considers the application of good faith by arbitral tribunals and parties in international investment disputes, encompassing both procedural and substantive aspects of good faith. Resources / June 27, 2019 Arbitration Costs: Myths and realities in investment treaty arbitration. This book tests claims about investment arbitration and fiscal .

(PDF) Investment Arbitration: Jurisdiction and Admissibility ~ Yet in ICSID investment treaty arbitration both concepts are necessarily linked. On the other hand, issues concerning 'admissibility' are to be found outside the ICSID Convention. They are .

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Arbitration Costs - Susan D. Franck - Oxford University Press ~ Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet conventional wisdom about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms .

Controlling the Rising Costs in Arbitration: Where ~ Controlling the Rising Costs in Arbitration: Where Technology Can Help (and Where it Can't) - Journal of Technology in International Arbitration - Vol. 1, No. 1 . Author(s): Daniel E. González. Maria Catalina Carmona. Roland Potts. Page Count: 10 pages. Media Description: 1 PDF Download. Published: June, 2015. Jurisdictions: International. Practice Areas: Commercial Disputes, Ad hoc, Online .

EJIL: Talk! – Blog of the European Journal of ~ During the past week, the Norwegian Supreme Court has been hearing the People v Arctic Oil case, a rights-based challenge to the Norwegian State’s grant of petroleum exploration licenses. The case raises myriad questions of significance regarding States’ human rights obligations in the context of climate change. Here, we consider two of them: the geographic […]

IBA - Arbitration projects ~ Consistency, efficiency and transparency in investment treaty arbitration (Nov 2018) This report examines the current state of investment treaty arbitration, and seeks to address criticisms identified by investor-state arbitration users. It is produced by the IBA Subcommittee on Investment Treaty Arbitration. Based on the findings of a 2014/15 survey, the report proposes potential solutions to .

International Commercial Arbitration / United Nations ~ Conventions United Nations Convention on International Settlement Agreements Resulting from Mediation(the “Singapore Convention on Mediation”) United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 2014) (the "Mauritius Convention on Transparency") Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

Revolving Door in International Investment Arbitration ~ With over 831 known investment treaty arbitrations initiated to date (almost all coming in the past 15 years), 27 and a significant number of instances in which the threat of treaty arbitration has been used, states hosting foreign investors are increasingly finding themselves having to defend their laws and policies before and in the shadow of international arbitral tribunals.