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International Arbitration in Times of Economic Nationalism

ISBN13: 9789403546636
Published: July 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £163.00

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International Arbitration in Times of Economic Nationalism is a well-timed book that reviews situations that may impact the way arbitration—in both commercial and investment disputes—is practiced. In recent years, numerous developments across the world evidence the States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law comprehended as a multilateral set of rules binding on all States equally.

What’s in this book:

A wide range of topics, encompassing a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues, have been analyzed in depth by eminent international arbitrators and academic experts. The following topics are addressed:

  • evolution of the definitions of arbitrable standards
  • amendments to procedural rules
  • States’ policy choices as reflected in recent investment treaties
  • procedural trends to restrict access to investment arbitration
  • the effects of the Achmea decision on the European Union
  • growing use of the public policy exception
  • dispute settlement of public-private partnership agreements, and
  • diversification of dispute resolution methods (e.g., business courts)

This unique book furnishes a comparative analysis of various contemporary transformations of dispute settlement mechanisms, focusing on the developments in several jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries.

How this will help you:

Evaluating how economic nationalism may lead to restricting the jurisdictional, procedural, and substantive scope of arbitration, the authors lay emphasis on the significance of a robust system of international arbitration of economic disputes to warrant a sound and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach to arbitration practitioners and scholars, as well as to professionals involved in drafting policies for economic development or in the negotiation of investment agreements.

Arbitration and Alternative Dispute Resolution
Introduction: Economic Nationalism and International Arbitration
Björn Arp & Rodrigo Polanco
PART I. Economic Nationalism and the Transformation of the Current ISDS System
CHAPTER 1. Populism and Investment Arbitration in Latin America
Nigel Blackaby QC
CHAPTER 2. New Procedural Mechanisms for Investor-State Arbitration as Found in 189 Recently Signed Treaties
Gunjan Sharma
CHAPTER 3. Investor-State Dispute Settlement in Canada’s Recent Trade Agreements: Explaining the Differing Approaches in CETA, USMCA, CPTPP and the Canada-China FIPA
David A. Gantz
CHAPTER 4. Developments of Investment Arbitration in the European Union: Achmea and Beyond
José Carlos Fernández Rozas & Jaime Gallegos Zúñiga
CHAPTER 5. Comparing Criticism to International Adjudication Across Investment, Trade, and Human Rights Dispute Settlement Mechanisms
José Carlos Fernández Rozas & Jaime Gallegos Zúñiga
PART II. International Commercial Arbitration and Economic Nationalism
CHAPTER 6. Public Policy as a Ground for Nonenforcement in China
Björn Arp
CHAPTER 7. International Arbitration in Mainland China: Between “Open for Business” and the Wish for Control
Mariana Zhong & Jingzhou Tao
CHAPTER 8. The Public Policy Exception in Recognition and Enforcement Proceedings of Foreign Arbitral Awards: A Comparative Analysis of German, Swiss and Turkish Practice
Rafael Carlos del Rosal Carmona
CHAPTER 9. Trends and Challenges in Public-Private Partnerships Dispute Resolution in Latin America
Kazim Sedat Sirmen
CHAPTER 10. International Business Courts: A New Era for Dispute Resolution?
Pablo Debuchy & Alex Kamath