Procedural Issues in International Investment Arbitration
Series: Oxford International Arbitration Series;
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107 493 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 March 2018
- ISBN 9780198729037
- Binding Hardback
- No. of pages464 pages
- Size 252x177x29 mm
- Weight 948 g
- Language English 80
Categories
Short description:
This book addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.
MoreLong description:
Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration.
Procedural Issues in International Investment Arbitration is the first text of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules. Written by international arbitration experts, the book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs. Fully cross-referenced and tabled, Procedural Issues in International Investment Arbitration is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.
[This] treatise provides a comprehensive resource that fills a gap in academia, resulting in a useful handbook for all arbitration practitioners. Not only may it be consulted for similar procedural issues but, with some creativity, it may also serve as a resource to consult when faced with unforeseen novel procedural challenges in the future. It truly creates value by integrating its vast collection of tribunal decisions, provided in the second half of the book, into nearly every chapter of procedural analysis in the first half of the book. The two parts of the treatise complement one another so that the reader has a comprehensive, go-to handbook. For many offices, this treatise would be a great addition to their library.
Table of Contents:
The Law Applicable to Procedural Issues
The First Procedural Order
Provisional Measures
Challenges to Arbitrators, Counsel, and Experts
The Splitting of Issues for Separate Determination (Bifurcation/Trifurcation)
Non-Disputing Party Participation and Transparency
Evidentiary Issues
Hearing Procedures
Other Procedures
Statements or Submissions on Costs
Post-Award Applications
Appendices
Draft Procedural Order No. 1
Decisions on Provisional Measures Requests in ICSID and UNCITRAL Arbitrations
Decisions on Challenges to Arbitrators in ICSID Arbitrations
Challenges to Arbitrators in UNCITRAL Arbitrations
Challenges to Experts and Counsel in ICSID Arbitrations
Decisions and Orders on Bifurcation Requests in ICSID, ICSID Additional Facility, and UNCITRAL Arbitrations
Non-Disputing Party Participation in ICSID Arbitrations
Non-Disputing Party Participation in UNCITRAL Arbitrations
Non-Disputing State Party Participation in ICSID and UNCITRAL Arbitrations
Extract of Procedural Order Dealing with Evidentiary Matters
Redfern Schedule
Decisions on Place of Arbitration in ICSID Additional Facility and UNCITRAL Arbitrations
Decisions on Manifest Lack of Legal Merit Applications in ICSID and ICSID Additional Facility Arbitrations
Site Visits in ICSID and UNCITRAL Arbitrations
Tribunal Experts in ICSID and UNCITRAL Arbitrations
Applications for Reconsideration in ICSID and UNCITRAL Arbitrations
Costs in ICSID and ICSID Additional Facility Arbitrations
Costs in ICSID Annulment Proceedings
Costs in UNCITRAL Arbitrations
Rectification/Correction in ICSID and ICSID Additional Facility Arbitrations
Supplementary Decisions in ICSID and ICSID Additional Facility Arbitrations
Interpretation in ICSID and ICSID Additional Facility Arbitrations
Revision in ICSID Convention Arbitrations
Stays of Enforcement in ICSID Annulment Proceedings
