Arbitrating Foreign Investment Disputes
By: Norbert Horn, Stefan Kroll, Stefan Michael Kröll
About This Book
Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.
AI Overview
The book "Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects" is a collection of expanded papers from the 2003 Cologne conference organized by the Law Centre for European and International Cooperation (RIZ), the German Institution for Arbitration (DIS), and the London Forum for International Economic Law and Development (CCLS). Here is a comprehensive overview of the book:
Key Themes
Procedural and Substantive Legal Aspects: The book covers both the procedural and substantive legal aspects of arbitrating foreign investment disputes. This includes discussions on the framework of investment protection, key notions of investment protection, and crucial aspects of international arbitration in resolving such disputes.
Investment Protection: The book delves into the basic framework of investment protection, highlighting the mechanisms and principles that govern the resolution of disputes between investors and host states.
International Arbitration: It explores the role of international arbitration in settling foreign investment disputes, emphasizing its prominence as a means of dispute resolution in recent years.
Plot Summary
The book is divided into four main parts, each addressing different facets of arbitrating foreign investment disputes:
- Part 1: The Basic Framework of Investment Protection: This section provides an overview of the foundational principles and mechanisms of investment protection.
- Part 2: Key Notions of Investment Protection: It delves into specific concepts and principles that are crucial for understanding investment protection.
- Part 3: Examples and Case Studies: This section includes practical examples and case studies to illustrate the application of the discussed principles.
- Part 4: Crucial Aspects of International Arbitration: It focuses on the procedural and substantive legal aspects of international arbitration in resolving foreign investment disputes.
Critical Reception
The book has received positive reviews for its comprehensive coverage of the subject matter. Here are some key points from the critical reception:
- Book Review: The book was reviewed in TDM (Transnational Dispute Management) Journal, where it was praised for its detailed analysis and structured approach to the topic. The reviewer noted that the book is well-indexed and includes a table of decisions and awards, making it a valuable resource for scholars and practitioners.
- Academic Commentary: The book is considered a significant contribution to the field of international arbitration, particularly in the context of foreign investment disputes. It is seen as a reliable desk reference that touches upon many compelling themes surrounding investor-state arbitration.
Authors
The book is edited by Norbert Horn, Stefan Kroll, and Stefan Michael Kröll. The editors have brought together a collection of papers from renowned experts in the field, ensuring a comprehensive and authoritative treatment of the subject.
In summary, "Arbitrating Foreign Investment Disputes" by Norbert Horn, Stefan Kroll, and Stefan Michael Kröll is a seminal work that provides a detailed and structured approach to the procedural and substantive legal aspects of resolving foreign investment disputes through international arbitration. Its critical reception highlights its value as a resource for both scholars and practitioners in the field.