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The Settlement of Foreign Investment Disputes

ISBN13: 9789041114358
ISBN: 9041114351
Published: September 2000
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £265.00

Despatched in 11 to 13 days.

Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This book provides such a survey.

The subject is treated systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail.;Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.

Nature of the foreign investment contract; the types of foreign investment contracts the nature and causes of foreign investments disputes; state contracts and foreign investment disputes; negotiated settlements of foreign investment disputes; arbitration of foreign investment disputes - the historical setting; jurisdiction and arbitration; theory of internationalization of foreign contracts; the award and its enforcement; the International Court of Justice and other international tribunals; litigation of foreign investment disputes before domestic.