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Vol 21 No 11 Nov/Dec 2016

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The Core Standard of International Investment Protection: Fair and Equitable Treatment


ISBN13: 9789041138699
Published: March 2012
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardcover
Price: £128.00



Despatched in 4 to 6 days.

This book surveys and analyses the nature of FET as a “new” rule of customary law that is non-contingent and absolute in that it protects a given entity irrespective of the treatment which may be accorded to others. The author explores whether the often-heard criticism of the international investment protection regime is justified.

The overarching questions are: Does the system`s mixture of private arbitration and public law indeed undermine accountability and independence in judicial decision-making? Does it trump principles of legislative supremacy and, in the end, alter a central tenet of representative democracy? Among the far-reaching aspects of the subject covered are the following:-

  • the relationship of FET to human rights and other standards of protection; ;
  • assumptions about reciprocity and mutuality;
  • the “treatification” of foreign investment law;
  • the special significance of the Energy Charter Treaty; ;
  • ICSID as a self-contained system;
  • identifying limitations on the parties’ freedom of choice; ;
  • the protection of legitimate expectations; ;
  • the relevance of investors’ conduct in FET proceedings; ;
  • due process in administrative decision-making and
  • denial of judicial justice.
Relevant case law is examined, and there are detailed descriptions of the main dispute resolution forums – ICSID arbitration especially, but with due attention to the new UNCITRAL, the ICC Rules, the SCC and the LCIA Rules. This is a significant contribution to the debate over a controversial concept and its normative underpinnings.

By analysing how states are bound by investment treaty obligations and how arbitrators deal with them, this book explains how the standards are continually shaped and scrutinized to respond to the needs of the actors engaged in an investment relationship. Although it is of great interest for legal academics and jurists, it is its practical analysis that will be most welcomed by arbitrators, corporate counsel, and government regulatory officials.

Subjects:
International Investment Law
Contents:
Acknowledgements.
Preface.
Foreword.
List of Abbreviations.
Introduction.

Part I: The Framework of Protection.
Chapter 1. Sources of the FET Standard.
Chapter 2. Forums for Solving Investment Disputes Dealing with FET.
Chapter 3. Concluding Analysis: The Investment Regime as a Regime of Networks.

Part II: The Content and Scope of the FET Standard.
Chapter 1. Determining the Applicable Law.
Chapter 2. Direct or Derivative Rights?
Chapter 3. The Content of the FET Standard.;

Part III: Concluding Remarks.
Chapter 1. All Assumptions Combined.
Chapter 2. Final Conclusion and Outlook.
Books/Compilations/Monographs.
Articles/Contributions.
Studies/ Official Reports/Compilations.
Dictionary/Encyclopedia.
Table of Cases.
Table of Treaties and Conventions.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published March 2018
Kluwer Law International
£119.00
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published September 2017
Kluwer Law International
£92.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£132.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£136.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£100.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print