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International Investment Law Center - Publications & Research:
Investor State Arbitration Evidence in Investment Arbitration
Business Guide to Trade & Investment A Revolution in the Int'l Rules of Law
ILI Series  

 

 

INVESTOR STATE ARBITRATION

Borzu Sabahi, Noah Rubins, and Don Wallace, Investor State Arbitration (OUP, second edition forthcoming 2019).

Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.

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EVIDENCE IN INTERNATIONAL INVESTMENT ARBITRATION

Frederic Sourgens, Kabir Duggal, and Ian A. Laird, Evidence in International Investment Arbitration (OUP, 2018).

Evidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment. Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.

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BUSINESS GUIDE TO TRADE AND INVESTMENT

Marat Umerov, Borzu Sabahi, and Ian Laird (eds.) Business Guide to Trade and Investment, Vol 2, Investment (Series Editors: P. McCrory, A. Appleton) (October 2018 ICC/ILI).

Focusing on Investment, this book provides an overview of rules applicable to making and protecting foreign investments. It will enable the business community, in-house counsel, and government counsel to better understand the types of protection provided by international investment agreements and investment contracts, as well as the range of issues that arise in the arbitration of investment disputes. With contributions from 25 legal experts, the book addresses: preliminary issues that an organisation contemplating making a foreign investment must consider; sources of investors’ rights with respect to their investments; the substance of investors’ rights; important jurisdictional issues; and the process of investor-state dispute settlement.

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A REVOLUTION IN THE INTERNATIONAL RULES OF LAW: ESSAYS IN HONOR OF DON WALLACE, Jr.

Borzu Sabahi, Nicholas J. Birch, Ian A. Laird and José Antonio Rivas (eds.), A Revolution in the International Rules of Law: Essays in Honor of Don Wallace, Jr. (Juris, 2014).

A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP. The primary topics covered in the book are: Foreign Investment and Political Risk, International Investment Law and Arbitration, Unification of Private Law, Commercial Law Reform, Public Procurement, Rule of Law and Transitional Justice, International Business Law and Human Rights, Legal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism. Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.

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ILI SERIES ON INTERNATIONAL LAW, PRACTICE, AND ARBITRATION

This volume provides a timely and in-depth investigation and analysis of key issues across the law of the sea and natural resources disciplines, Natural Resources and the Law of the Sea focuses on the United Nations Convention on the Law of the Seas (UNCLOS) and its application to the exploration, allocation, and exploitation of natural resources. Natural Resources and the Law of the Sea features edited transcripts of speeches delivered by leading experts during the December 2016 conference co-sponsored by the International Law Institute and Georgetown University Law Center. Accompanying these insights are additional papers from a number of scholars, practitioners, and various government officials addressing issues related to those discussed at the conference.

 

This volume is a compilation of papers authored by some of the world's leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law.

 

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