Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.

Electronic disclosure of evidence is now an unavoidable aspect of litigation. With technology continually advancing and reliance on electronic devices growing rapidly, eDisclosure is becoming more and more important. Yet many practitioners, both litigators and arbitrators, are still grasping the complex practical and procedural aspects of eDisclosure. Written by experienced practitioners from Hardwicke, London, this work offers in-depth analysis of the law and practice of eDisclosure in an accessible and user-friendly format. Covering all aspects of eDisclosure from domestic litigation to international arbitration, this book combines legal analysis with practical advice to guide practitioners seamlessly through the stages of disclosure and associated document production; from the identification of relevant documents, through the collection and preservation of electronic evidence, to the analysis and presentation of data, both before courts and in arbitration. This work also includes in-depth commentary on critical legal issues and practical challenges that arise in relation to eDisclosure, such as dealing with ever growing sources of electronically stored information (like social media and cloud computing storage), and identifying ways and means to ensure that eDisclosure and production is conducted as efficiently as possible. This book will provide practitioners with a practical guide for understanding the rules and procedures of eDisclosure, making it an essential reference for anyone looking to use electronic evidence.

The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice.
This new work equips commercial arbitrators and counsel with a formula to 'recognize' and apply a rule of the lex mercatoria in practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within the business community followed out of fear of criticism and a willingness to criticise others in case of deviation. This two element test increases legal certainty and potentially reduces the time and costs of proving the rule.
Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonisation measures are also considered. The approach adopted in the book reduces the elusiveness of the concept and offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.

Negotiation expert Ed Brodow, creator of the acclaimed Negotiation Boot Camp(r) Seminars, arms us with the same proven strategies and tactics he teaches to the professional negotiators at Microsoft, Goldman Sachs, The Hartford, Learjet, Novartis, McKinsey, Starbucks, the IRS and the Pentagon. Using a wealth of examples from real-life encounters, Brodow reveals how to develop the skills and the confidence you need to achieve your goals at work and in your personal life. After completing Brodow's basic training program, you will have learned how to: Conquer your fear of confrontation and overcome the negative behaviors that hold you back. Identify and develop your personal negotiation style. Assess the other side's strengths and weaknesses. Get the other side to make concessions without giving up any of your goals. Master the art of listening to understand the other side's position and strengthen your own. Avoid getting sidetracked by personal or emotional issues. Create an atmosphere of trust in which the other party is a collaborator rather than a competitor. Break through impasses and close the deal. "Negotiation Boot Camp shows us how to succeed not just in negotiations but also in life itself. This is a must-read." HARVEY PITT-SEC Chairman "Readers will find that Brodow's tactics get the job done." PUBLISHERS WEEKLY "The most straightforward, real world and useful advice on negotiation out there " ANTOINETTE RODRIGUEZ-CEO of MarFi Advisors "Buy it, read it regularly and do not lend it " REG NORDMAN-Managing Director, Rocket Builder "This is THE BOOK for career women who have any trepidation about negotiation." MARJORIE BRODY-author of Career Magic: A Woman's Guide to Reward and Recognition "If you're looking for real-world, practical strategies and answers, look no further than this book." JEFFREY GITOMER-author of The Sales Bib