The Settlement of Foreign Investment Disputes

 

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The Settlement of Foreign Investment Disputes


M. Sornarajah (Editor)

 

Hardback

ISBN: 9789041114358

 

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This text offers a critical survey of the principal methods of settling foreign investment disputes, using the experience gained in recent years from a broad spectrum of successful negotiation, arbitration and litigation techniques.


Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This book provides such a survey. The subject is treated systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.


 

ISBN 9041114351
ISBN13 9789041114358
Publisher Kluwer Law International
Format Hardback
Publication date 08/11/2000
Pages 416
Weight (grammes) 751.00
Published in Netherlands
Height (mm)
Width (mm)

Nature of the foreign investment contract
the types of foreign investment contracts the nature and causes of foreign investments disputes
state contracts and foreign investment disputes
negotiated settlements of foreign investment disputes
arbitration of foreign investment disputes - the historical setting
jurisdiction and arbitration
theory of internationalization of foreign contracts
the award and its enforcement
the International Court of Justice and other international tribunals
litigation of foreign investment disputes before domestic.

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