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Alternative Dispute Resolution in Energy Industries

Alternative Dispute Resolution in Energy Industries

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032181073
  • 出版时间 April 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781032181080
¥1,586.25
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  • 描述 
  • 大纲 
  • 详细

    The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.

  • CHAPTER I – INTRODUCTION
    Background
    Rationale Behind the Emergence of ADR
    Criticism and Justification
    CHAPTER II - ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
    Introduction
    Historical Background of ADR
    Definition of ADR
    Purpose of the ADR
    Positive Sides of ADR
    Challenges and Threats to the Practice of ADR
    Negotiation
    Mediation
    Conciliation
    Expert Determination
    Neutral Evaluation
    Fact-finding
    Mini-trial
    Ombudsman
    Dispute Review Boards
    Enquiry
    CHAPTER III - ADR IN CURRENT INVESTMENT LAW REGIME
    International Investment Treaties
    Investment Contracts
    Domestic Dispute Resolution Mechanisms
    CHAPTER IV – DRAWBACKS of ISDS SYSTEM
    History of ISDS
    A General View to ISDS
    Diplomatic Protection
    Court Litigation
    Negative Impacts of the Arbitration on the Parties
    Discontinued and Settled Arbitration Cases
    Assistive Procedures to Arbitration
    Seeking a Way Out: Hybrid Methods
    CHAPTER V - INSTITUTIONAL ADR RULES
    Conciliation
    Mediation
    Expert Determination
    Fact-finding Rules (ICSID Additional Facility)
    Early Neutral Evaluation Agreement - CEDR Model
    Dispute Board Rules of CIArb
    CHAPTER VI – ADR IN ENERGY INVESTMENT DISPUTES
    Fundamentals of Energy Investment Disputes
    Type of the Disputes
    Stages of the Disputes
    Amount of the Dispute
    Critiques and Challenges to the Application of ADR
    CHAPTER VII: CONCLUSION
    Overview
    How Can ADR Succeed?
    Host State Approach
    Closure
    BIBLIOGRAPHY

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