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International Arbitration in Times of Economic Nationalism

International Arbitration in Times of Economic Nationalism

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403546636
  • 出版时间 July 2022
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,841.40

¥1,786.16 Save ¥55.24 (3%)

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  • 描述 
  • 大纲 
  • 详细

    About this book:

    International Arbitration in Times of Economic Nationalism is a well-timed book that reviews situations that may impact the way arbitration—in both commercial and investment disputes—is practiced. In recent years, numerous developments across the world evidence the States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law comprehended as a multilateral set of rules binding on all States equally.

     

    What’s in this book:

    A wide range of topics, encompassing a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues, have been analyzed in depth by eminent international arbitrators and academic experts. The following topics are addressed:

    • evolution of the definitions of arbitrable standards;
    • amendments to procedural rules;
    • States’ policy choices as reflected in recent investment treaties;
    • procedural trends to restrict access to investment arbitration;
    • the effects of the Achmea decision on the European Union;
    • growing use of the public policy exception;
    • dispute settlement of public-private partnership agreements; and
    • diversification of dispute resolution methods (e.g., business courts).

     

    This unique book furnishes a comparative analysis of various contemporary transformations of dispute settlement mechanisms, focusing on the developments in several jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries.

     

    How this will help you:

    Evaluating how economic nationalism may lead to restricting the jurisdictional, procedural, and substantive scope of arbitration, the authors lay emphasis on the significance of a robust system of international arbitration of economic disputes to warrant a sound and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach to arbitration practitioners and scholars, as well as to professionals involved in drafting policies for economic development or in the negotiation of investment agreements.

  • Editors

     

    Contributors

     

    Foreword

     

    Introduction: Economic Nationalism and International Arbitration

    Björn Arp & Rodrigo Polanco

     

    PART I

    Economic Nationalism and the Transformation of the Current ISDS System

     

    CHAPTER 1

    Populism and Investment Arbitration in Latin America

    Nigel Blackaby QC

     

    CHAPTER 2

    New Procedural Mechanisms for Investor-State Arbitration as Found in 189 Recently Signed Treaties

    Gunjan Sharma

     

    CHAPTER 3

    Investor-State Dispute Settlement in Canada’s Recent Trade Agreements: Explaining the Differing Approaches in CETA, USMCA, CPTPP and the Canada-China FIPA

    David A. Gantz

     

    CHAPTER 4

    Developments of Investment Arbitration in the European Union: Achmea and Beyond

    José Carlos Fernández Rozas & Jaime Gallegos Zúñiga

     

    CHAPTER 5

    Comparing Criticism to International Adjudication Across Investment, Trade, and Human Rights Dispute Settlement Mechanisms

    Björn Arp

     

    PART II

    International Commercial Arbitration and Economic Nationalism

     

    CHAPTER 6

    Public Policy as a Ground for Nonenforcement in China

    Mariana Zhong & Jingzhou Tao

     

    CHAPTER 7

    International Arbitration in Mainland China: Between “Open for Business” and the Wish for Control

    Rafael Carlos del Rosal Carmona

     

    CHAPTER 8

    The Public Policy Exception in Recognition and Enforcement Proceedings of Foreign Arbitral Awards: A Comparative Analysis of German, Swiss and Turkish Practice

    Kazim Sedat Sirmen

     

    CHAPTER 9

    Trends and Challenges in Public-Private Partnerships Dispute Resolution in Latin America

    Pablo Debuchy & Alex Kamath

     

    CHAPTER 10

    International Business Courts: A New Era for Dispute Resolution?

    Jane Y. Willems

     

    Index

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