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General Principles of Law and International Investment Arbitration

General Principles of Law and International Investment Arbitration

  • 作者:
  • 出版商: Brill Nijhoff
  • ISBN: 9789004368378
  • 出版时间 June 2018
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,362.22
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  • 描述 
  • 大纲 
  • 详细

    General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration.

    The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law.

    The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.

  • 1.
    Under the Hood of Investment Arbitration: General Principles of Law
    Part A The Arbitration Process and General Principles
    Section I General Principles of Law and Arbitral Procedure
    2.
    General Principles of Law on the Legal Force of Provisional Measures in International Investment Arbitration
    Federico Lenci
    3.
    Transparency in the Arbitral Procedure 
    Maria Beatrice Deli
    4.
    General Rules and Principles on State Responsibility and Damages in Investment Arbitration: Some Critical Issues 
    Zeno Crespi Reghizzi
    5.
    Investment Arbitration and EU General Principles of Law: Current Developments 
    Francesco Munari and Chiara Cellerino

    Section II Selected Procedural Principles of Investment Arbitration
    6.
    Jurisdiction ratione temporis in International Investment Arbitration 
    Andrea Gattini
    7Jurisdiction and Admissibility in International Investment Law 
    August Reinisch
    8.
    Multiple Proceedings 
    Christoph Schreuer
    9.
    Annulment of Awards 
    Piero BernardiniPart BGeneral Principles and Substantive Standards of Investment Law

    Section III General Principles of Law and Substantive Issues
    10.
    The Relevance of the Foreign Investor’s Good Faith 
    Attila Tanzi
    11.
    Human Rights Law in International Investment Arbitration 
    Vivian Kube and E.U. Petersmann
    12.
    Unjust Enrichment as a General Principle of Law in Investment Arbitration 
    Christina Binder
    13.
    Sustainable Development and Investment: Trends in Law-Making and Arbitration 
    Pia Acconci

    Section IV Selected Principles of Investment Law
    14.
    Police Powers Doctrine and International Investment Law 
    Catharine Titi
    15.
    An Exercise in Equivocation: A Critique of Legitimate Expectations as a General Principle of Law under the Fair and Equitable Treatment Standard 
    Josef Ostřanský
    16.
    The National Treatment Obligation 
    Matteo Sarzo
    17.
    Most-Favoured-Nation Clauses and the Centrality and Limits of General Principles 
    N. Jansen Calamita and Ewa Zelazna
    18.
    Indirect Expropriation: A Comparative Approach 
    Ursula Kriebaum
    Index

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