TDM 1 (2014) - Table of contents in chapters and sections
Article from: TDM 1 (2014), in Editorial
Below you will find the table of contents divided into the respecitive chapters and sections as outlined in the introduction for ease of reference.
Reform of Investor-State Dispute Settlement: in Search of a Roadmap
Introduction
- Introduction TDM Special issue on "Reform of Investor-State Dispute Settlement: In search of a Roadmap"
by J.E. Kalicki, Arnold & Porter LLP
A. Joubin-Bret, Avocat à la Cour
CHAPTER I - SETTING THE STAGE FOR REFORM
- Assessing Treaty-based Investor-State Dispute Settlement: Abandon, Retain or Reform?
by S. Nappert, 3 Verulam Buildings
L. Nottage, Sydney Law School
C.T. Campbell, Center for International Legal Studies - Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-hosted Freedom of Investment Roundtable
by D. Gaukrodger, Investment Division, OECD
K. Gordon, Investment Division, OECD - Do We Need Investment Arbitration?
by C.H. Schreuer, Wolf Theiss - Perspectives for Investment Arbitration: Consistency as a Policy Goal?
by R. Dolzer, University of Bonn - The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS "System"
by J.J. Saulino, Crowell & Moring LLP
J.S. Kallmer, Crowell & Moring LLP - Making impossible investor-state reform possible
by L. González García, Matrix Chambers - ISDS growing pains and responsible adulthood
by S. Constain
CHAPTER II - METHODOLOGICAL APPROACHES
- Advancing Reform at ICSID
by A.R. Parra, International Council for Commercial Arbitration (ICCA) - UN Commission on International Trade Law and Multilateral Rule-making - Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency
by J. Salasky, UNCITRAL
C. Montineri, UNCITRAL - Error Correction and Dispute System Design in Investor-State Arbitration
by A. Schneider, Marquette Law School - The Politics of International Investment Arbitrators
by C.A. Rogers, Università Commerciale Luigi Bocconi - Investor-State Dispute Settlement Reform - Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law
by L. Hsu, School of Law, Singapore Management University
CHAPTER III - REGIONAL EXPERIENCES WITH ISDS
- Proposal of changes to the system of investment dispute resolution: a contribution from South America
by H. Rondón de Sansó - Is There a Life for Latin American Countries After Denouncing the ICSID Convention?
by R. Polanco Lazo, World Trade Institute - Ecuador's contribution to the reshaping of the protection of foreign investment and international arbitration: The UNASUR initiative
by A. Galindo, Dechert LLP - What's Yours is Mine: Conflict of Law and Conflict of Interest Regarding Indigenous Property Rights in Latin American Investment Dispute Arbitration
by W. Shipley, Centre for International Sustainable Development Law (CISDL) - A Resilient Boat Sailing in Stormy Seas: ASEAN Investment Agreements and the Current Investor-State Dispute Settlement Regime
by T. Wongkaew, Graduate Institute of International and Development Studies - Investor-State Dispute Settlement from the Perspective of Vietnam: Looking for a "Post-Honeymoon" Reform
by T.T. Nguyen, International Law Department, Ministry of Justice of Vietnam
T.C.Q. Vu, Legal Affairs Department, Ministry of Planning and Investment of Vietnam - ICSID's Relevance for the Resolution of China-Africa Disputes
by W. Kidane, Seattle University School of Law - Africa and the System of Investor-State Dispute Settlement: To Reject or Not to Reject?
by U. Ewelukwa Ofodile, University of Arkansas School of Law - Initial Hiccups or More? About the Efforts of the EU to Find its Future Role in International Investment Law
by J.A. Bischoff, M.M.Warburg & CO
CHAPTER IV - STRENGTHENING THE ROLE OF STATES
- Section I - Treaty Interpretation
- Delegating Interpretative Authority in Investment Treaties: The Case of Joint Commissions
by A. van Aaken, University of St. Gallen - Reform of Investor-State Dispute Settlement: Lessons From International Uniform Law
by J. Karton, Queen's University, Faculty of Law - Which is to be the Master?: Extra-Arbitral Interpretative Procedures for IIAs
by M. Ewing-Chow, Centre for International Law (CIL)
J.J. Losari, Centre for International Law (CIL) - Keeping Interpretation in Investment Treaty Arbitration 'on Track': The Role of States Parties
by T. Ishikawa, Waseda Institute for Advanced Study - In Search of Consistency and Fairness in Investor-State Arbitration: An "Institutional" Approach to Interpreting the Doctrine of Legitimate Expectations
by U.E. Özgür, CEPMLP, University of Dundee - Travaux Préparatoires and the Legitimacy of Investor-State Arbitration
by B.S. Vasani, Jones Day
A. Ugale, Jones Day - State-To-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority
by A. Roberts, London School of Economics, Department of Law
- Delegating Interpretative Authority in Investment Treaties: The Case of Joint Commissions
- Section II - Revising Treaty Language
- Reform of Investor-State Dispute Settlement: the US Experience
by J.K. Sharpe, U.S. Department of State
K.L. Kizer, U.S. Department of State - Liberalization or Litigation? Time to Rethink the International Investment Regime
by S. Lester, WorldTradeLaw.net - Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions
by E. Boomer, MIDS - Back to the Future: Contemplating a Return to the Exhaustion Rule
by D. Kalderimis, Chapman Tripp - Restricting the Scope of International Investment Agreements as a Means to Set Limits to the Extent of Arbitral Jurisdiction
by M. Valenti, Università degli Studi di Milano - Limiting Investor Access to Investment Arbitration - A Solution without a Problem?
by A. Bouchenaki, Herbert Smith Freehills LLP
L-Y. Tan, Gibson Dunn - Exclusion From Within the Ambit of a Protected Investor, a Fair Price to Pay for the Act of Abusive Treaty Shopping?
by V. Gupta, Dr. Ram Manohar Lohia National Law University, Lucknow - A Few Pragmatic Observations on How BITs should be Modified to Incorporate Human Rights Obligations
by P. Dumberry, Faculty of Law, University of Ottawa
G. Dumas-Aubin, Faculty of Law, University of Ottawa - On Genealogy of Proposals to Reform Investor-State Arbitration
by A. Ghouri, University of Turku, Faculty of Law
- Reform of Investor-State Dispute Settlement: the US Experience
- Section III - State-State Procedures and a Standing Investment Court
- The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes
by T.R. Posner, Weil, Gotshal & Manges LLP
M.C. Walter, Weil, Gotshal & Manges LLP - Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States
by A. Roberts, London School of Economics, Department of Law - In Search of a Roadmap - Lessons for the ISDS Regime in the U.S. Experience of Lump-Sum Claims Settlement Processes
by T.J. Feighery, Arent Fox LLP - Permanent Investment Tribunals: The Momentum is Building Up
by O.E. Garcia-Bolivar, BG Consulting, Inc - The Challenges of Creating a Standing International Investment Court
by E. Zuleta, Gómez-Pinzón Zuleta Abogados S.A.
- The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes
CHAPTER V - FURTHER ADVANCING THE REFORM OF ICSID
- Achieving a Faster ICSID
by A. Raviv, Wilmer Cutler Pickering Hale and Dorr LLP - Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions
by J. Kim, Yonsei Law School - Fragmentation and Harmonization in the ICSID Decision-Making Process
by R. Castro de Figueiredo, Tauil & Chequer Advogados Associado a Mayer Brown LLP - ICSID Annulment Standards: Who Has Finally Won the Reisman vs Broches Debate Two Decades Ago?
by N. Tsolakidis, White & Case LLP - ICSID Annulment Reform: Are We Looking at the Right Problem?
by M.B. Silberman, Arnold & Porter LLP - The trembling legitimacy of the ICSID annulment system in the light of decisions by Ad Hoc Committees vis-à-vis the Ad Hoc Committee decisions
by V. Giraud Martinelli, Mezgravis & Asociados - Addressing and Redressing Errors in ICSID Arbitration
by D.B. Gosis, Gomm & Smith P.A.
CHAPTER VI - AN APPELLATE SYSTEM
- Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-US FTA?
by B. Legum, Dentons - Appellate Review in Investor State Arbitration
by E.Y. Park, Kim & Chang - Reform of the investor-State arbitration regime: the appeal proposal
by G. Bottini, Arbitrator and Advisor on Issues of Int'l Law and Int'l Litigation - Introduction of an Appellate Review Mechanism for International Investment Disputes - Expected Benefits and Remaining Tasks
by J. Lee, School of Law, Seoul National University - Why ICSID Doesn't Need an Appellate Procedure, and What to Do Instead
by K. Andelic, University of Niš, Faculty of Law
CHAPTER VII - INVESTOR-STATE MEDIATION
- Mediation use in ISDS
by F. Khalifa, Egyptian State Lawsuits Authority (ESLA) - Enabling Early Settlement in Investor-State Arbitration - The Time to Introduce Mediation Has Come
by J. Lack, Independent ADR Neutral & Attorney-at-Law
M. Leathes, International Mediation Institute (IMI)
W.J. von Kumberg, Northrop Grumman Corporation - Integrating Mediation Into Investor-State Arbitration
by N.A. Welsh, Penn State Law
A. Schneider, Marquette Law School - The Advantages of Mediation and the Special Challenges to its Utilization in Investor State Disputes
by E. Sussman, SussmanADR - Alleviating the Disruptive Nature of Investment Arbitration: Some Remarks on Restitution and Post-Arbitration ADR
by N. Angelet, Liedekerke Wolters Waelbroeck Kirkpatrick - Investor-State Conflict Management: A Preliminary Sketch
by R. Echandi, International Finance Corporation, World Bank
CHAPTER VIII - REFORMING FROM WITHIN
- The Sixth Path: Reforming Investment Law from Within
by S.W. Schill, Max Planck Institute for Comparative Public Law and International Law - The Margin of Appreciation in International Investment Law
by J. Arato, Columbia Law School - By Equal Contest of Arms: Jurisdictional Proof in Investor-State Arbitrations
by F.G. Sourgens, Washburn University School of Law - Interim Costs Orders: The Tribunal's Tool to Encourage Procedural Economy
by J. Sullivan, Allen & Overy LLP
D. Ingle, Allen & Overy LLP - Reforming the Approach to Costs in Investment Treaty Arbitration
by M. Hodgson, Allen & Overy LLP - Distinguishing Investors from Exporters under Investment Treaties
by M. Feldman, Peking University School of Transnational Law - Collective Action in Investment Arbitration to Enforce Small Claims Justice to the Deprived or Death Knell for the System of Investor-State Arbitration?
by S. Wilske, Gleiss Lutz Rechtsanwälte - ICSID Treaty Counterclaims: Case Law and Treaty Evolution
by J.A. Rivas, Arnold & Porter LLP
Addendum (June 2014)
- In Search of a Model for the Reform of International Investment Dispute Resolution: an Analysis of Existing International and Regional Dispute Settlement Mechanisms
by N. Butler, School of Law, The University of Manchester