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.

"Like many companies over the last few years, yours has probably done a great deal to reassess its physical, strategic, and financial vulnerabilities. But there is a huge difference between business continuity planning and true crisis management. Do your company and employees have the necessary ""IQ"" not only to withstand a crisis but also to come through it with strength and confidence?

Ian Mitroff, recognized around the world as an authority in crisis management, has created a plan that goes well beyond ""disaster preparedness"" to help your company get accustomed to working in the face of some unsettling facts:

* In an age of terror, cyberattacks, large-scale corporate fraud and more, crisis is no longer a question of if, but of when.

* Your company, no matter its size, industry, or location, is not immune from this reality.

* Your contingency planning will only be as effective as the human beings charged with putting it into action.

Mitroff outlines seven distinct competencies your organization needs to handle crises effectively:

* Right Heart (emotional IQ): By accepting crisis as an inevitability, you can process much of the shock and grief beforehand, and avoid making the effects of the crisis even worse through an unconstructive response.

* Right Thinking (creative IQ): ""Crises don't give a damn for the ways in which we have organized the world,"" so out-of-the-box thinking is essential.

* Right Social and Political IQ: Understand that your business is subject not only to the particular pitfalls of its industry, but also to the universal and complex challenges that threaten all companies.

* Right Integration (integrative IQ): Realize that crises are perceived differently by different stakeholders, and are never simple ""exercises"" that can be ""solved."" Identify and reconcile these perceptions now so that the path is clear when the crisis strikes.

* Right Technical IQ: ""Think like a controlled paranoid"" to uncover ways in which malicious forces could cause a crisis in your company. Question every assumption about what is ""normal,"" ""impossible,"" or ""absurd.""

* Right Aesthetic IQ: Reconsider the classic design of the corporation, which is meant to address problems as they arise, and move toward one in which crisis management is an overarching discipline on a par with, for example, finance.

* Spiritual IQ: Reject the notion that people's physical, mental, and spiritual beings are completely separate; recognize that crises cause us to question the very meaning of our lives and what we do, and establish ahead of time why our work is, and must remain, important to us on many different levels.

Although crisis management has taken on new urgency in recent turbulent times, the need for careful planning did not originate on September 11, 2001. Mitroff's examples, drawn from interviews conducted both after the 2001 attacks and during his 25-year career as an expert in crisis management, demonstrate the need for action -- and offer a blueprint for taking it."

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.

The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.

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.