International Investment Law and Investor-State Disputes in Central Asia : Emerging Issues.

Format:

Book

Author/Creator:

Nasir Gore, Kiran.

Contributor:

Putilin, Elijah.

Duggal, Kabir.

Baltag, Crina.

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation--Asia, Central.

Investments, Foreign.

Dispute resolution (Law)--Asia, Central.

Dispute resolution (Law).

Arbitration and award--Asia, Central.

Arbitration and award.

Dispute resolution (Law)--Asia.

Arbitration and award--Asia.

Commercial treaties.

Physical Description:

1 online resource (559 pages)

Edition:

1st ed.

Place of Publication:

Piraí : Wolters Kluwer Law International, 2022.

Summary:

The five Central Asian States - Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan - collectively present a unique case study for the nexus between international investment frameworks, investor-State dispute settlement (ISDS) and the future of this field. In this groundbreaking book, the editors have curated contributions from globally renowned practitioners and scholars to provide the first comprehensive overview of experiences and lessons arising from the region.This book draws upon the Central Asian experience with international investment law and ISDS to develop globally relevant insights and analyses on, among other topics:approaches to foreign direct investment and domestic investment legislation;jurisdictional questions arising in investment treaty arbitration, such as the notion of 'investor' and the definition of 'investment';the interpretation of investment treaties and the role of international and domestic law;substantive and procedural rights of foreign investors, with a focus on guarantees against expropriation and most-favoured nation and fair and equitable treatment standards;arbitral awards, as well as grounds and procedures for their enforcement and annulment;the state-of-play for allegations of corruption and fraud once a dispute has arisen; andemerging challenges and opportunities in light of ongoing reform initiatives.This book establishes that the Central Asian experience should be taken into consideration in any comprehensive and robust discussion on the future of international investment law and ISDS. It provides useful analyses of how these frameworks may be improved, reformed and remain fit for purpose. This book is an essential tool that allows practitioners, arbitrators, policymakers and scholars to confidently engage with the substantive and procedural challenges and opportunities that are anticipated in the next generation of investor-State disputes.

Contents:

Part I. An Introduction to the Framework for International Investment Law in Central Asian States

Chapter 1. International Investment Law and Investor-State Disputes: Introductory Reflections on the Central Asian Experience / Kiran Nasir Gore, Kabir A.N. Duggal, Elijah Putilin & Crina Baltag

Chapter 2. The History of Foreign Direct Investment in Central Asia / Tigran Ter-Martirosyan

Chapter 3. Investment Legislation of Central Asian States / Diora Ziyaeva & Yevhenii Vasylchenko

Part II. Jurisdiction, Interpretation, and Applicable Law: the Central Asian Experience

Chapter 4. The Notion of "Investor" in Central Asian Investment Treaties and Arbitration Practice / Crina Baltag

Chapter 5. Material Scope of Application: Definition of Investment with Reference to Cases Involving Central Asian States / Berk Demirkol

Chapter 6. The Interpretation of Investment Treaties with Central Asian States / David L. Attanasio & Henry Defriez

Chapter 7. Applicable Law in Central Asian Investor-State Disputes: the Roles of International and Domestic Law / David L. Attanasio & Henry Defriez

Part III. Substantive and Procedural Rights in Investor-State Disputes: the Central Asian Experience

Chapter 8. Guarantees Against Expropriation in Investment Disputes Involving Central Asian States / Baiju S. Vasani & Lindsay Reimschussel

Chapter 9. Most-Favored-Nation (MFN) Treatment in Investor-State Disputes Involving Central Asian States / Nudrat E. Piracha

Chapter 10. Fair and Equitable Treatment in the Context of Central Asian Cases / Ioana Knoll-Tudor

Chapter 11. Procedural Rights: Access to Investor-State Arbitration in Cases Involving Central Asian States / Hanno Wehland

Part IV. Arbitral Awards and the Central Asian Experience: Immunity, Enforcement, and Annulment

Chapter 12. Immunity Defences and the Enforcement of Awards in Investor-State Disputes / Javier García Olmedo

Chapter 13

U.S. and Global Enforcement of Investment Arbitration Awards Rendered Against Central Asian States: Key Considerations and Tools / Nilufar Hossain

Chapter 14. Annulment of Arbitral Awards in ICSID Arbitrations with Central Asian Republics: Looking Bak at Kılıç / James H. Boykin

Part V. Emerging Challenges & Opportunities for ISDS: the Central Asian Experience

Chapter 15. Questions of Investor-State Arbitration Procedure in Arbitrations Involving Central Asian States / Evgeniya Rubinina

Chapter 16. Corruption and Fraud in Investor-State Arbitration: Central Asian Experience / Romesh Weeramantry & Clementine Packer

Chapter 17. Emerging Challenges and Opportunities in International Investment Law and Investor-State Disputes: W(h)ither Central Asia? / Kiran Nasir Gore, Kabir A.N. Duggal, Elijah Putilin & Crina Baltag.

Notes:

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: Nasir Gore, Kiran International Investment Law and Investor-State Disputes in Central Asia

ISBN:

94-035-4611-5

94-035-4601-8