Investment Treaty Arbitration and International Law - Volume 5

 
9781937518066: Investment Treaty Arbitration and International Law - Volume 5

This volume contains the papers and proceedings of the fifth annual Juris conference on international investment arbitration. In this volume, once again a talented group of young authors has tackled difficult and topical issues, with the guidance of established members of the international investment bar. This year's focus, on the International Centre for the Settlement of Investment Disputes (ICSID) addressed some of the key concerns facing this World Bank institution, as it comes to grips with an ever-increasing workload. As the premier body for the resolution of investor-state disputes, is the ICSID equipped to confront an uncertain future? Are institutional changes required to help it function more effectively? Answers to these and many related questions are provided in volume 5 of this series.

The four topics addressed in this book include:
Inherent powers of ICSID tribunals
The meaning of investment under the ICSID Convention
Compliance with, and enforcement of, ICSID awards; and
The choice between annulment and appeal in future ICSID institution-building

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About the Author:

Ian A. Laird is a Special Legal Consultant in the International Dispute Resolution Group of Crowell & Moring LLP in Washington, DC. His practice is focused on the field of international investment law and arbitration. He is the co-founder and Editor-in-Chief of OUP Investmentclaims.com.

Todd J. Weiler is an independent arbitrator, counsel and advisor on investment treaty arbitration. Highly regarded for his engaging and creative style, Dr. Weiler is recognized as a leading expert on the NAFTA and CAFTA, and on international economic law generally.

Assistant Editors:
Devin and Heather Bray are recent LL.M. graduates from the University of Western Ontario, both now completing their articles of clerkship with Dr. Todd Weiler in London, Ontario.

Review:

"This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field. We look forward to the Third Annual Investment Treaty Arbitration Conference and the book that will come in its wake." --Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

"Todd Grierson Weiler, the guiding hand and organizer of the conference in Washington DC in 2007 which led to this book, has taken the traditional conference materials book and adopted the formula most brilliantly for the distinctive discipline that is investment treaty arbitration and international law. ...The papers are reproduced in full in the book and are products of much scholarship and hard work. These are not conference papers which one occasionally sees -- namely shorter presentation pieces designed for ready consumption by an audience -- rather they are highly thoughtful and challenging works which command careful reading. ...While the papers throughout do not always reflect the personal views of the authors -- they were assigned a thesis to advance/defend, much in the same way that one argues for a client's case regardless of personally-held views -- the approach is a particularly important one and marks out the book's contribution to international law. ...This book represents and contains an important and contemporary contest of ideas and thoughts given by those who are in practice in this field. This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation." --Klaus Reichert, Barrister Brick Court Chambers; Chartered Arbitrator; Co-Chair of IBA Litigation Committee; member of LCIA European Users' Council, ICC Commission on Arbitration; IBA delegate to the Hague Conf. on Private Intl Law

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions." --Droit Et Pratique Des Investissements Internationaux - (International Investments Law And Practice)

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