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Enforcement of Investment Treaty Arbitration Awards 2nd (eBook)

Edited by: Julien Fouret

ISBN13: 9781787423473
Published: January 2021
Publisher: Globe Law and Business
Country of Publication: UK
Format: eBook (ePub)
Price: £225.00
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The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Investment treaty arbitration has become the preferred dispute resolution mechanism for resolving such disputes, however, securing a final arbitral award is often just the beginning of a complicated process.

Spearheaded by leading arbitration practitioner, Julien Fouret, this second edition brings together more than 70 experts to provide substantive analysis of recurring issues at the award enforcement stage plus practical perspectives on enforcing awards based on investment treaties. It further explores topics ranging from the specifics of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities, as well as exploring intra-EU BIT disputes and their enforcement consequences.

This edition features additional country-specific chapters and now covers over 30 jurisdictions, including updated coverage of applicable international and domestic legal frameworks and reviews of the most recent practices. Jurisdictions new for this edition include: Algeria, Belgium, Cameroon, Democratic Republic of the Congo, Czech Republic, Greece, Lebanon and Romania.

Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this edition will provide you with holistic, practical and theoretical insight on the most important step of an arbitral process against a state or state entity.

Subjects:
eBooks, International Investment Law, Arbitration and Alternative Dispute Resolution
Contents:
Introduction
Julien Fouret - Eversheds Sutherland
Section 1: General enforcement issues
The origins and specificities of the ICSID enforcement mechanism
Ruqiya B.H. Musa, Martina Polasek - ICSID
Enforcement of interim relief in investor-state arbitration
Philippe Pinsolle, Thomas Voisin - Quinn Emanuel Urquhart & Sullivan LLP
Stay of enforcement pending annulment and set-aside proceedings in investment arbitration
Andrea K. Bjorklund, Lukas Vanhonnaeker - McGill University
Sovereign immunities and investor-state awards: specificities of enforcing awards based on investment treaties
Hakim Boularbah, Olivier van der Haegen, Maria-Clara Van den Bossche, Anaïs Mallien - Loyens & Loeff
Enforcement of investment treaty awards against assets of states, state entities and stateowned companies
Sylvia Tonova, Philip Devenish - Jones Day
The effectiveness of the ICSID mechanism regarding the enforcement of arbitral awards
Pablo Garrido Cardozo, Patrick Pearsall - Jenner & Block
The role of third-party funders in enforcement of investment treaty awards: practical considerations
Section 2: Specific issues per jurisdiction

Algeria
Maude Lebois - Shearman & Sterling, Hafed Nassim Stambouli - Sonatrach
Argentina
Ignacio J. Minorini Lima - Bruchou, Fernandez Madero & Lombardi
Australia
Simon Greenberg, Sam Luttrell, Ishbel McLachlan, Romesh Weeramantry - Clifford Chance
Belgium
Hakim Boularbah, Claire Larue - Loyens & Loeff
Bolivia
Sofía Klot, Noiana Marigo - Freshfields Bruckhaus Deringer LLP, Lindsay Sykes - FERRERE
Cameroon
Achille Ngwanza - Jus Africa
Canada
Eric Bédard, Stephen L. Drymer - Woods LLP
China
Chad Catterwell, Brenda Horrigan - Herbert Smith Freehills LLP
Czech Republic
Jaroslav Kudrna - Czech Ministry of Finance
Democratic Republic of the Congo
Egypt
Mohamed S. Abdel Wahab - Zulficar &
Partners Law Firm
European Union
Gloria Alvarez - University of Aberdeen, Julien Fouret - Eversheds Sutherland
France
Julien Fouret - Eversheds Sutherland
Germany
Andreas Kulick - University of Tübingen, Faculty of Law, Julian Scheu - International Investment Law Centre, Cologne
Greece
Athina Fouchard Papaefstratiou - Eversheds Sutherland
India
Abhinav Bhushan - International Court of Arbitration/International Chamber of Commerce, Niyati Gandhi -
Shardul Amarchand Mangaldas & Co.
Italy
Julien Fouret - Eversheds Sutherland
Ivory Coast
Jordan
Omar M.H. Aljazy - Aljazy & Co
Korea
Lebanon
Mexico
Adrián Magallanes, Jessika Rocha - Von Wobeser y Sierra SC
Netherlands
Nigeria
Romania
Ioana Knoll-Tudor
Jeantet
Russia
Maxim Kulkov - Kulkov, Kolotilov &
Partners, Noah Rubins - Freshfields Bruckhaus Deringer LLP, Dmitry Vlasov - Kulkov, Kolotilov &
Partners
Singapore
Yu-Jin Tay - Mayer Brown
Spain
José Ángel Rueda García - Cuatrecasas, Gonçalves Pereira
Sweden
Cecilia Möller Norsted, Mattias Rosengren - Vinge
Switzerland
Noradèle Radjai - LALIVE
Tunisia
Walid Ben Hamida - University of Paris and Sciences Po, Paris
Turkey
United Arab Emirates
Robert Kovacs - Withersworldwide, Roland Ziadé - Linklaters
United Kingdom
Christopher Harris, Cameron Miles - 3 Verulam Buildings
United States of America
Caline Mouawad - Chaffetz Lindsey LLP, Charlene C. Sun, King & Spalding LLP
Venezuela
José Gregorio Torrealba R - LEGˆA Abogados