Applicable Law in International Investment Disputes by Taida Begic

By Taida Begic

This booklet supplies a complete evaluate of all correct facets of the problem of acceptable sizeable legislation within the context of investor/State arbitration. it's a comparative survey of either the overseas middle for payment of funding Disputes (ICSID) and non-ICSID arbitral perform. The appropriate major legislation represents an enormous factor in funding disputes because it determines the principles of legislation that are meant to be utilized to the advantages of the dispute. This research demonstrates the necessity for a dialogue at the appropriate legislation earlier than analyzing the advantages of the case, because it seems to be non-existent in so much arbitral awards. the writer provides an intensive survey of selection of legislation clauses as present in direct agreements among events and in multilateral or bilateral funding treaties. in addition, the writer analyzes the next matters: stabilization clauses in funding agreements, the applying of the residual rule (if events didn't agree at the acceptable law), the particular place of the Iran-US Claims Tribunal and numerous annulment judgements.

Show description

Read or Download Applicable Law in International Investment Disputes PDF

Similar foreign & international law books

Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals

Markets for capital, items, and managerial expertise are increasing speedily throughout nationwide borders, but family legislation and practices have by no means had higher effect on company constructions and cross-border bargains. traders pursuing excessive returns and diversification, marketers looking capital, and bosses endeavoring to restructure afflicted agencies now repeatedly face transaction counter-parties who function inside various criminal and political platforms, and who rank social priorities particularly another way.

EC Consumer Law Compendium: The Consumer Acquis and Its Transposition in the Member States

The EC patron legislation Compendium offers the result of a wide-ranging learn ready for the eu fee. This compendium offers the reader with the mandatory info for accomplishing pan-European, cross-border, shopper transactions. For the 1st time, the transposition of 8 key buyer directives into the nationwide legislation of all Member States is analyzed, together with these on revenues, unfair phrases, distance, and door-to-door revenues, in addition to package deal go back and forth, and timeshare.

The EU after Lisbon: Amending or Coping with the Existing Treaties?

The booklet encompasses a selection of fine quality educational and professional contributions facing the critical query of no matter if the Lisbon Treaty wishes additional revision. as a result of problems eu Union actors have encountered in imposing the Lisbon Treaty’s reform and the inadequacies of the present criminal framework delivered to gentle by means of post-Lisbon perform, the quantity makes a speciality of attainable techniques and useful techniques to enhance the Union’s reaction to the demanding situations confronting it.

Treatise on International Criminal Law: Volume II: The Crimes and Sentencing

Because the adoption of the Rome Statute of the overseas felony courtroom in 1998, overseas legal legislations has quickly grown in significance. This three-volume treatise on overseas legal legislation offers a foundational, systematic, constant, and complete research of the sphere. taking into consideration the scholarly literature, not just resources written in English but in addition in French, German, Italian, Portuguese, and Spanish, the e-book attracts at the author's huge educational and functional paintings in overseas legal legislation.

Extra resources for Applicable Law in International Investment Disputes

Example text

323, para. 77. At p. 323, para. 78. At p. 323. 47 The Tribunal proceeded to examine the compatibility of the nationalization with international law on stabilization clauses. It said: 88. It is indeed in connection with these clauses that the principles of international law are used to complete the rules of Congolese Law. 48 Therefore, the Tribunal used the international law principles in order to complete the rules of Congolese law. It found that the dissolution by unilateral means decided upon by the Ordinance was not in conformity with international law on the stabilization clauses.

After determining the applicable law, the Tribunal turned to analyzing the content of the Congolese law. It noted that: 45. Congolese law, as it relates to civil and commercial matters, applies French law as it was in force at the time of the accession of the country to independence (1960). 32 28 29 30 31 32 AGIP v. Congo, Award, 30 November 1979, 1 ICSID Reports 306. At p. 313. At p. 318, para. 43. At p. 318, para. 44. At p. 318. 22 CHAPTER II The Tribunal referred to the Constitution of Congo of 1973 and the Fundamental Act of the Military Committee of the Party of 1977 which, to a certain extent, modified the Constitution.

Congolese law, as it relates to civil and commercial matters, applies French law as it was in force at the time of the accession of the country to independence (1960). 32 28 29 30 31 32 AGIP v. Congo, Award, 30 November 1979, 1 ICSID Reports 306. At p. 313. At p. 318, para. 43. At p. 318, para. 44. At p. 318. 22 CHAPTER II The Tribunal referred to the Constitution of Congo of 1973 and the Fundamental Act of the Military Committee of the Party of 1977 which, to a certain extent, modified the Constitution.

Download PDF sample

Rated 4.33 of 5 – based on 20 votes