Investment treaty arbitration : judging under uncertainty / Andres Rigo Sureda.

Format:

Book

Author/Creator:

Rigo Sureda, Andrés, author.

Series:

Hersch Lauterpacht memorial lectures ; 20.

Hersch Lauterpacht memorial lectures ; 20

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

International commercial arbitration.

Commercial treaties.

Physical Description:

1 online resource (xiv, 152 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency. Andrés Rigo Sureda's Hersch Lauterpacht Memorial Lecture examines how arbitral discretion is exercised in the face of uncertainty of the law. It explores the choices made by arbitral tribunals as they approach treaty interpretation, as they search for limits in determining jurisdiction and the content of the standards of protection and as they search for consistency in the exercise of arbitral discretion.

Contents:

Uncertainty, judicial discretion and policy

Treaty interpretation

Form or substance: the nationality of corporate claimants

Multiple approaches to define investment

Legitimate expectations, risk and due diligence

Principles

Precedent

Publicists

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139136792

Access Restriction:

Restricted for use by site license.