Award in International Investment Arbitration

Award in International Investment Arbitration

Titi, Catharine; Fach Gomez, Katia

Oxford University Press

09/2024

592

Dura

9780192872968

15 a 20 dias

Descrição não disponível.
PART I: KEY ASPECTS AND TYPES OF INVESTMENT AWARDS
1: What Is an Award? Concept, Content, Drafting, Effects
2: The Award on Jurisdiction and Merits
3: Compensation
4: The Cost Award
5: Consent Awards
6: Draft Awards: Twirling Curls on a Bald Head
PART II: PROCEDURAL PRINCIPLES
7: The Legal Nature of the Treaty-Based Consent to Investment Arbitration
8: Burden and Standard of Proof on Jurisdiction
9: On the Adjudicative Discretion of Investment Arbitrators: Between ne ultra petita, ne infra petita, and jura novit curia
10: Equality of Arms
PART III: THE CONTENT OF INVESTMENT AWARDS
11: The Relevance of the Facts in Complex Investor-State Arbitration Proceedings: Reflections on the Drafting of Arbitral Awards
12: The Applicable Law in Investor-State Dispute Settlement
13: The Interpretation of Exceptions
14: The Role of Human Rights in Investment Awards
15: Counterclaims: Trends and Perspectives
16: Investment Tribunals Search for the Truth and Its Impact on the Arbitral Award
17: The Impact of Expert Legal Opinions: A NAFTA Chapter 11 Case Study
PART IV: AWARD DRAFTING
18: Tribunal Dynamics and Arbitral Deliberations
19: The Role of Tribunal Secretaries in the Drafting of Investment Awards
20: The Reasoned Award
21: To Err Is Human, to Dissent Divine
22: An Empirical Analysis of Legal Reasoning: Comparing Investment Arbitration and International Commercial Arbitration
PART V: REVIEW AND ENFORCEMENT
23: Annulment and Set-Aside
24: Review beyond Annulment: Correction, Additional Awards, Clarification, and Revision
25: The Appeal in International Investment Arbitration
26: Recognition and Enforcement of ICSID Convention Awards
27: Recognition and Enforcement of Non-ICSID Convention Awards
PART VI: CROSS-CUTTING ISSUES
28: The Investment Award in a Historical Perspective
29: Empirical Dimensions of Investment Awards
30: Gender and Investment Awards
31: The Visible and Invisible Footprint of New Technologies in Investment Awards
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