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Court of Protection Handbook: A User's Guide

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Land Registration Manual
4th ed




 Ash Jones


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Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)



 Ian Kawaley, David Doyle, Shade Subair Williams


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Double Recovery in Investment Arbitration

Edited by: Leyla Bahmany

ISBN13: 9789004549456
Published: August 2023
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £195.00



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including: What requirements must be met for the problem to arise? What have others said and done about the problem? What is the most effective way to tackle it? The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors' and States' interests.

Contents:
Introduction

Part I. Contours of the Problem
1. Existence and Extent of the Problem: A Snapshot
2. Choosing the Right Term (Because It Makes a Difference)
3. Types of Claims Vulnerable to Double Compensation
4. Definition, Requirements, and Scenarios
Executive Summary I

Part II. Existing Approaches to Double Compensation
5. ISDS Case Law
6. Analysis of Suggested Solutions
Executive Summary II

Part III. Restating the Law on Double Compensation
7. Principle of Prohibition of Double Compensation
8. Application of the Principle: Fundamentals
9. Application of the Principle: Possible Scenarios
10. Application of the Principle: Exceptional Situations
Executive Summary III

Conclusion