The Reasons Requirement in International Investment Arbitration: Critical Case Studies

Guillermo Aguilar Alvarez, Michael Reisman
ISBN13: 9789004166325
ISBN: 9004166327
Publisher: Brill Academic Publishers
Country of Publication: Netharlands
Binding: Hardback
Price: £120.00

This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or "reverse engineer" the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.

Decisions of the Arbitral Panel for in Rem Restitution, Volume 1

Edited by Josef Aicher, Erich Kussbach and August Reinisch
http://www.hartpub.co.uk/books/details.asp?isbn=9781841138770
July 08, 500pp, Hbk 9781841138770, Price: £75 / €112.50
DISCOUNT RATE TO OGEMID MEMBERS: £60 / €90 (Contact us for details)

Hart Publishing is pleased to announce the publication of 'Decisions of the Arbitral Panel for In Rem Restitution' Edited by Josef Aicher, Erich Kussbach and August Reinisch. This is an historically important study which looks at compensation for property confiscation during the period of national socialism in Austria.

The series "Decisions of the Arbitration Panel for In Rem Restitution", published in two languages, documents a fundamental element of Austria's most recent compensatory measures in dealing with the consequences of the National Socialist era.

For property confiscated during the National Socialist era and now publicly owned, the possibility of restitution in rem, i.e. the actual return of the property was provided for in the Washington Settlement Agreement of 17 January 2001. The Arbitration Panel for In Rem Restitution, installed at the General Settlement Fund in Vienna, decides on the applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly owned on the Agreement deadline (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945.

Since 2003, the Arbitration Panel has decided on a great number of applications, and has recommended the restitution of property to the legal successors of former owners in several cases. In the course of these decisions, the Arbitration Panel has developed a judicature, which exemplarily presents the consequences of National Socialism in Austria regarding the law of property. The decisions of the Arbitration Panel form a part of the current debate about property seizures during the National Socialist era and restitution practices after 1945. Volume 1 contains the decisions of the Arbitration Panel from 2003 and 2004, each in the German original and with the English translation.

Full University Professor Dr. Aicher is a Professor at the Institute for Corporate and Economic Law at the University of Vienna, Visiting Professor at the Danube-University Krems, corresponding member of the Austrian Academy of Sciences and deputy chairman of the Austrian Takeover Commission.

Dr. Erich Kussbach, LL. M., is honorary Professor of Humanitarian International Law at the University of Linz, a former member of the International Humanitarian Fact Finding Commission, ambassador of the Sovereign Order of the Knights of St. John in Hungary, and a retired Austrian ambassador.

University Professor MMag. Dr. August Reinisch, LL. M., is head of the section for International Law and International Relations at the Department for European, International and Comparative Law at the University of Vienna and professorial lecturer at the Bologna Center/SAIS of Johns Hopkins University.

ICC debuts book on interest claims in arbitration

http://www.iccbooks.com/Product/ProductInfo.aspx?id=498&cid=109

When a claim is being decided in arbitration, the last item to be set is interest on a claim. But it is far from the least important. New from the ICC Institute of World Business Law, Dossier V: Interest Auxiliary and Alternative Remedies in International Arbitration provides legal professionals with the latest methods on interest claims.

Based on the proceedings of the annual meeting of the ICC Institute, Dossier V addresses a wide range of possible remedies aimed at better managing the time period between when the damage occurs and full compensation is granted. Some of the new approaches covered, based on input from the world's top legal experts, include: assessing lump sums, judicial penalties, setting interest levels, contract enforcement, and comparative approaches among national legal systems.

"It is essential to have a clear approach for rightly assessing the time value of money, so as to adjust the amount of the damage suffered to reflect present-day monetary values. There are many factors to this evaluation - and the purpose of the present Dossier of the Institute is to cover as many as possible," Serge Lazareff, Chairman, ICC Institute of World Business Law, wrote in the book's foreword.

Dossier V is edited by Felip De Ly and Laurent Lévy. Other contributors include the following experts: Antonias Dimolitsa, John Beechey, Andrea Giardina, John Yukio Gotanda, Gabrielle Kaufmann-Kohler, Alexis Mourre, V.V. Veeder, and Thierry Sénéchal.

The publication of Dossier V is in line with the mission of ICC's Institute of World Business Law: to act as a think tank and training resource for ICC in arbitration.

ICC's Institute of World Business Law draws together the finest minds in the legal profession and offers training in international business law and arbitration to jurists, executives, and academics.

Investment Treaty Arbitration and International Law

TJ Grierson Weiler, Editor
Price: $125.00 350 pages. 1 Hardcover. Index. Published August 2008.
ISBN-13: 978-1-933833-18-7

About the Book: The number of investment treaty arbitration cases filed each year is increasing rapidly.

This publication contains the papers and proceedings of Juris Conferences first annual conference on Investement Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of ten 'up and coming' members of the treaty arbitration bar, who drafted the papers that appear in the chapters of this book. The topics of their papers were discussed and debated amongst a group of treaty arbitration veterans, many of whom are currently drafting the awards and essays that have and will form the corpus of international investment law. Their contributions to this project can be found in the five session transcripts also contained within this volume.

The five topics addressed in this volume are certainly contemporary but should nonetheless remain relevant to practitioners and academics for years to come. They include:

• A Look Inside the Umbrella Clause Debate
• Are the ICSID Rules Governing Nationality and Investment Working?
• The Necessity Defence for Investment Law
• MNF Treatment
• National Treatment - Is Discriminatory Intent Relevant?

Contributors include:

Roberto J. Aguirre Luzi; Gabriel Bottini; Laura Halonen; Walid Ben Hamida; Devashish Krishan; Craig Miles; Noah Rubins; Borzu Sabahi; Anthony C. Sinclair; Sylvie Tabet; Charles H. Brower II; Ian Laird; Paul M. Lalonde; Andrea J. Menaker; David R. Haigh; Arif Hyder Ali; Pieter H.F. Bekker; Andrea K. Bjorklund; Charles N. Brower; David D. Caron; Jack J. Coe, Jr.; Graham Coop; Rudolph Dolzer; Gonzalo Flores; Kaj Hobér; Stephen Jagusch; Carolyn B. Lamm; Uche Onwuamaegbu; Willilam W. Park; Daniel M. Price; Christoph Schreuer; Margrete Stevens; Thomas Wälde; Don Wallace.

The Reasons Requirement in International Investment Arbitration: Critical Case Studies

Edited by Guillermo Aguilar Alvarez and W. Michael Reisman
Publication year: 2008
ISBN 978 90 04 16632 5
Cover: Hardback
Number of pages: 364 pp.
List price: € 149.00 / US$ 149.00

This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or "reverse engineer" the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.

About the author(s)

Guillermo Aguilar Alvarez, who served as chief NAFTA negotiator for Mexico, is a partner at Weil, Gotshal & Manges in New York. W. Michael Reisman is the McDougal Professor of International Law at the Yale Law School.

The Shifting Allocation of Authority in International Law

Edited by Tomer Broude and Yuval Shany.
June 08, 429pp, Hbk, ISBN 9781841137971, price £60 / €90
Discount rate to OGEMID members: £48 / €72, order online at
http://www.hartpub.co.uk/books/details.asp?isbn=9781841137971

This book addresses a broad range of theoretical and practical aspects of the question of allocation of authority in international law and fills a gap in the literature of international legal theory.

OGEMID listserv members can get a 20% discount (contact us for details)

The Shifting Allocation of Authority in International Law Considering Sovereignty, Supremacy and Subsidiarity, Edited by Tomer Broude and Yuval Shany

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world.

In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity.

This volume will be of great interest to scholars and practitioners of international law alike.

Tomer Broude is a lecturer in the Faculty of Law and Department of International Relations at the Hebrew University of Jerusalem.

Yuval Shany is the Hersch Lauterpacht Chair in International Law and the academic director of the Minerva Center for Human Rights, both at the Hebrew University of Jerusalem.

International Arbitration Checklists 2nd ed

http://www.jurispub.com/355/toc/international-arbitration-checklists

Edited by: Lawrence W. Newman, Grant Hanessian
Publisher: Juris Publishing
Binding: Hardback
ISBN13: 9781933833217
Not yet published, due August 2008
Price: £80.00 Pre-Order / View

Contribution authors: Alexis Martinez, Andrew J.L. Aglionby, Arthur W. Rovine, Bruce H. Jackson, Chuan Thye Tan, David A. Fraser, David Zaslowsky, Eugenio Hernandez, George A. Bermann, Grant Hanessian, Haig Oghigian, J. Brian Casey, Jean-Piere Harb, Jeremy B. Winter, Jeremy Winter, Joaquim P. Muniz, Jonas Benedictsson, Juergen Mark, Lawrence W. Newman, Leigh W. Duthie, Michael L. Morkin, Richard M. Franklin, Robert B. Davidson, Stefan Bessman, Vladimir Khvalei, Werner Mueller, Ygnacio Reyes-Retana.

Common Law of International Adjudication

Publisher: Oxford University Press
Author: Chester Brown
Binding: Paperback
ISBN13: 9780199563906
Not yet published, due February 2009
Price: £29.99

Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing one important question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rules concerning these issues, and that this represents the emergence of a common law of international adjudication ...

Constructive Interventions: Paradigms, Process and Practice of International Mediation

http://www.kluwerlaw.com/Catalogue/titleinfo.htm?ProdID=9041126856&name=Constructive-Interventions%3AParadigms%2C-Process-and-Practice-of-International-Mediation

L Kirchhoff
ISBN13: 9789041126856
Publisher: Kluwer Law International
Binding: Hardback
Price: USD price: $172.00

In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR-and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'-must come into play.

The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world-where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest-and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way.

Latin American Investment Treaty Arbitration. The Controversies and Conflicts

Thomas carbonneau, Mary Mourra
ISBN13: 9789041127853
ISBN: 9041127852
September 2008
Publisher: Kluwer Law International
Country of Publication: Netherlands
Binding: Hardback
Price: £75.00

Nowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America. Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the 1990s seemed to promise stable guarantees and security for investors, recent years have produced an ever increasing number of arbitrations before international tribunals involving claims by foreign investors amounting to millions and even billions of dollars. In many cases, the disputes have arisen from regulatory measures involving matters of public interest, including the general welfare, health, environment, security, or economy.

The book demonstrates that there is a compelling need for States to develop greater awareness of their investment treaty obligations with a view to both diminishing the likelihood of claims and properly managing those that are submitted to arbitration. It describes the stocktaking process that should form part of any State's efforts to manage its investment treaty obligations and claims by investors that the State has breached those obligations. With specific recommendations for the effective administration of State obligations and investor-State disputes, the book offers eminently practical utility in addition to its penetrating theoretical analysis, and as such constitutes an enormously valuable resource for all parties concerned in Latin American investment.

Research in International Commercial Arbitration: Sources and Strategies

Stacie Strong
ISBN13: 9780199238309
To be Published: March 2009
Publisher: Oxford University Press
Country of Publication: UK
Binding: Paperback
Price: £29.99 - Not Yet Published

Contents:

1. Introduction
2. Sources of International Arbitration Law
3. Researching Common Areas of Dispute
4. How to use your Research
5. Bibliography of Sources

This book provides both experienced and inexperienced practitioners, as well as advanced students, with a guide to the strategies associated with researching international commercial arbitration as well as the sources associated with that field of law. Up until very recently, the field of international commercial arbitration was populated solely by specialists who knew the sources and strategies for researching relevant authorities. However, as the practice and business of law has become more international and more diversified, generalists have begun to enter the field while the number of specialized sources associated with international commercial arbitration has grown exponentially.

The book combines instructional text with a bibliography of sources to teach readers where to find relevant material. The instructional chapters discuss the most important methods by which one conducts research in international arbitration, while the bibliography provides guidance on where to find that material.

Furthermore, the book will offer tips on how to present a case to an international tribunal, which is quite different than presenting a case to a national court.

In effect, the book walks the reader through the steps associated with researching and presenting issues in international commercial arbitration. For example, the book covers:

• Where to find reported international arbitral awards (as opposed to judicial decisions)
• Where to find specialist treatises and journal articles on international arbitration
• How to use the various sources and evaluate the weight of competing authority
• How to present one's findings to an international arbitral panel
• How to consider the special issues that relate to international arbitration

Additionally, the book takes advantage of empirical research into the conduct of arbitration, giving an insider's view of the process.

• Provides practical guidance on how to conduct research in international commercial arbitration giving non-specialists an insight into this difficult and unique area of law
• Combines a "how to" guide with bibliographic information; providing explicit and practical guidance to research methods rather than simply listing sources of arbitration law
• Provides a useful cross-cultural guide to international dispute resolution giving practitioners important guidance on presenting submissions and evidence to tribunals from different legal systems

Digest of ICSID Awards and Decisions: 2003-2007

Richard Happ, Noah Rubins
ISBN13: 9780199557042
To be Published: March 2009
Publisher: Oxford University Press
Country of Publication: UK
Binding: Hardback
Price: £125.00 - Not Yet Published

Investment arbitration has become the primary means of settling disputes between states and foreign investors. The majority of those arbitration proceedings take place before tribunals of the International Centre for the Settlement of Investment Disputes (ICSID). This book provides the reader with concise summaries of the facts and holdings of ICSID Tribunals in the years 2003-2007.

Extensive cross-references and footnotes allow the reader to find other awards confirming or rejecting certain holdings, and analytical chapters explain the development of the jurisprudence. Since the average length of an ICSID award exceeds 100 pages, and nearly 20 new decisions and awards are published each year, this book is an indispensable tool for the busy practitioner or academic who needs to be informed about the development of the law.

Contents:

• Summaries of Awards and Decisions
• Development of Jurisprudence
• Jurisdiction: Jurisdiction under Investment Treaties
• Jurisdiction: Article 25 of the ICSID Convention
• Jurisdiction: Controversial Issues
• Merits: Expropriation
• Merits: Fair and Equitable Treatment
• Merits: Discrimination
• Merits: Umbrella Clauses
• Merits: Most-Favoured Nation Treatment
• Remedies: Available Remedies
• Remedies: Calculation of Compensation

International Investment Arbitration : Substantive Principles

Campbell McLachlan, Lawrence Shore, Matthew Weiniger
ISBN13: 9780199557516
ISBN: 0199557519
August 2008
Publisher: Oxford University Press
Country of Publication: UK
Binding: Paperback
Price: £49.95
Hardback edition , ISBN13 9780199286645

Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities.

The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification.

International Investment Arbitration: Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. Key areas of coverage include:-

• the instruments under which investment disputes arise;
• the legal basis of treaty arbitration;
• dispute resolution and parallel proceedings;
• who is a foreign investor, including nationality issues and foreign control;
• what is an investment;
• investors' substantive rights;
• expropriation;
• compensation and remedies.

As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, and benefiting from the public and private International law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.

• Major new work on the rapidly developing area of investment treaty arbitation
• Provides a detailed analytical survey of the substantive principles applied by Investment Arbitration Tribunals, and a clear and comprehensive description of the present state of the law
• Includes comprehensive commentary on the main treaties and published investment awards
• Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights; expropriation; compensation and remedies.
• An essential reference book for international arbitration counsel, arbitrators, and academics

Justice in International Law - Stephen M. Schwebel Selected Writings

http://www.cambridge.org/uk/catalogue/catalogue.asp?isbn=9780521072991

Cambridge University Press
ISBN-13: 9780521072991
Also available in Hardback
Published September 2008

Judge Stephen M. Schwebel has been a highly respected member of the International Court of Justice since

1981. Since 1947 he has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume brings together 36 of his legal articles and commentaries of continuing interest. The first part of the book examines the performance and capacity of the International Court of Justice, the second with aspects of international arbitration, and the third part looks at problems of the United Nations, especially the authority of the Secretary-General, the character of the Secretariat and financial apportionment. Part IV deals with questions of international contracts and taking foreign property interests, while the fifth part considers the development of international law, and in particular the central problem of the unlawful use of force.

• Brings together the best work by a greatly respected international lawyer and Judge of the International Court of Justice
• Schwebel's record was described as 'unsurpassed in the history of the Court' by a former President of the Court, Nagendra Singh
• Covers a wide range of issues, from the International Court of Justice, to the UN, to contracts, to international arbitration

Contents

Part I. INTERNATIONAL COURT OF JUSTICE:

1. Reflections on the role of the International Court of Justice;
2. Relations between the International Court of Justice and the United Nations;
3. Was the capacity to request an advisory opinion wider in the permanent Court of International Justice than it is in the International Justice?;
4. Authorising the Secretary-General of the United Nations to request advisory opinions of the International Court of Justice;
5. Preliminary rulings by the International Court of Justice at the instance of national courts;
6. Chambers of the International Court of Justice formed for particular cases;
7. Three cases of fact-finding by the International Court of Justice;
8. Indirect aggression in the International Court;
9. Human Rights in the World Court;

Part II. INTERNATIONAL ARBITRATION:

10. Arbitration and the exhaustion of local remedies;
11. Arbitration and the exhaustion of local remedies revisited;
12. Some aspects of international law in arbitration between states and aliens;
13. The majority vote of an international arbitral tribunal;
14. The prospects for international arbitration: inter-state disputes;

Part III. UNITED NATIONS:

15. The origins and development of Article 99 of the Charter;
16. The international character of the Secretariat of the United Nations;
17. Secretary-General and Secretariat;
18. A United Nations 'guard' and a United Nations 'legion';
19. Mini-states and a more effective United Nations;
20. Article 19 of the Charter of the United Nations: Memorandum of Law;
21. The United States assaults the ILO;
22. Goldberg variations;

Part IV. INTERNATIONAL CONTRACTS AND EXPROPRIATION:

23. Report of the Committee on Nationalisation of Property of the American branch of the International Law Association;
24. The story of the United Nations Declaration on Permanent Sovereignty over Natural Resources;
25. Speculations on specific performance of a contract between a state and a foreign national;
26. On whether the breach by a state of a contract with an alien is a breach of international law;
27. Some little-known cases on concessions;
28. Commentary on 'Social discipline and the multinational enterprise' and 'security of investment abroad';

Part V. AGGRESSION UNDER, COMPLIANCE WITH, AND DEVELOPMENT OF INTERNATIONAL LAW:

29. The legal effect of resolutions and codes of conduct of the United Nations;
30. The United Nations and the challenge of a changing international law;
31. What weight to conquest;
32. The Brezhnev Doctrine repealed and peaceful co-existence enacted;
33. Aggression, intervention and self-defense in modern international law;
34. Address and commentary;
35. The compliance process and the future of international law;
36. Government legal advising in the field of foreign affairs.

The Brussels 1 Regulation - Its Application and Scope"

http://www.hartpub.co.uk/books/details.asp?isbn=9781841139012

Edited by Burkhard Hess, Thomas Pfeiffer and Peter Schlosser.
Sept 08, 256pp, Hbk, 9781841139012, £66 / €100
Discount rate to OGEMID members: £53 / €80 (contact us for details on how to claim your discount)
Publisher: Hart Publishing Ltd.

This Report will be invaluable to both practitioners and scholars seeking to learn about the impact which the Judgment Regulation has had on civil procedure in Member States of the EU.

THE BRUSSELS 1 REGULATION - ITS APPLICATION AND SCOPE

Edited by Burkhard Hess, Thomas Pfeiffer and Peter Schlosser On 1st March 2003, the Brussels I- Council Regulation (EC) No 44/2001 of 22nd December 2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Judgment Regulation) became the cornerstone of the European civil procedural law. The Regulation is directly applicable in all Member States and forms the residual instrument in cross-border civil procedures in the European Union. This Report, by well-known German professors of law Hess, Pfeiffer, and Schlosser, ...