This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.

International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.

Companion website: www.oup.com/dewar Now in its third edition, International Project Finance is the definitive guide to legal and practical issues relating to international projects. The book considers the application of English and New York law in cross-border documentation and legal and practical matters associated with running financing projects in civil law jurisdictions. Different sources of funding are also examined, such as banking and international bond documentation, and Islamic financing practice, in particular the use of Murabaha financing techniques and Sukuk (Islamic bond) market. This includes the legal and documentation issues arising from the use of such financing techniques and how they interact with each other from a legal and contractual perspective. Equally significant, the book provides analysis of project defaults and work-outs giving guidance on how to manage projects when these circumstances arise. The book also contains extensive coverage of dispute resolution in international projects. New to this edition is a chapter on development finance institutions covering the work of bodies such as the World Bank and the African Development Bank. This chapter explains the key roles played by these institutions in international project finance, especially in emerging markets. It covers the key policy issues and the impact of such policies on project finance documentation. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal and contractual differences between the various sectors such as transportation, infrastructure/Public Private Partnerships, conventional, renewable and nuclear power, mining, and oil and gas. Telcommunications, including broadband, are covered in more detail in a separate section for this edition This book provides the context of international project finance which underpins the understanding of legal analysis in this area. It includes detailed guidance on practical issues such as the identification and assessment of project risk, together with relevant documentation such as risk matrices and checklists covering both key project contracts and the major terms of a project financing. With its focus on international projects and emphasis on the practical application of the law, this book is an essential reference work for all practitioners in the field. International Project Finance 3e Digital Pack includes a copy of the hardback and a digital version available on PC, Mac, Android devices, iPad or iPhone for quick and easy access wherever you are.

It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief-a sorely needed template-can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.

The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts.
Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation.
This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction.
Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.

For many parties to international contracts, arbitration has proven to be the most effective means of dispute resolution. Too many of these agreements, however, still founder on the rock of a defective dispute resolution clause. This acclaimed book shows practitioners how to steer clear of that all-too- common obstacle by drafting fully-informed, comprehensive contract provisions at the outset. With this newly updated edition of the very successful The Freshfields Guide to Arbitration and ADR - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred during the years since the First Edition, it offers: clear, uncomplicated contract-drafting advice, derived from the authors' wide practical experience model clauses that ensure the effectiveness of dispute resolution provisions - and avoid their pitfalls, and important reference materials. With this new edition The Freshfields Guide to Arbitration and ADR reaffirms itself as the preferred short guide for busy contract negotiators. It will help them to draft provisions that will weather disputes, preserve transactions, and foster long-lasting mutual confidence and trust among the parties.

The International Centre for Settlement of Investment Disputes (ICSID) has become the leading arbitration institution for resolution of investor-state disputes, especially as ICSID may administer arbitrations initiated under such multilateral treaties as the North American Free Trade Agreement (NAFTA) and the growing number of bilateral investment treaties (BITs). Accordingly, familiarity with the regime and jurisprudence of ICSID arbitration is an essential component of any international investment venture. This Guide to ICSID Arbitration, written by three leading practitioners in the eminent international law firm of Freshfields Bruckhaus Deringer, fills the gap in the literature between generic descriptions and academic commentary on ICSID or its aspects. It provides a sufficiently detailed but still 'user-friendly' understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish. It offers potential and non-expert users of the ICSID regime'as well as those generally interested in international commercial arbitration'with the essentials of the ICSID Convention and of BITs, the various sets of rules, ICSID procedure, and the rapidly developing ICSID jurisprudence. The Guide includes the following: an introduction to the ICSID regime; a discussion of the comparative merits of ICSID and other forms of arbitration; the basics of ICSID contractual arbitration; the basics of ICSID arbitration under bilateral and multilateral investment treaties; illustrative treaty materials, including discussion and comparison of BITs, and the full text of model and sample BITs and Chapter 11 of NAFTA; a description of the main ICSID rules and how a typical ICSID case develops in practice; a discussion of the unique features of annulment, recognition and enforcement of ICSID awards, with reference to the main awards to date; extensive annexes of basic ICSID documents, along with texts of relevant treaties and a chart of BITs entered into between ICSID Member States; and a selective bibliography of resources, for those who desire a more detailed and analytical understanding of ICSID arbitration and ICSID case law. Guide to ICSID Arbitration will be of immeasurable value to international investors, corporate counsel, businesspersons, government legal advisors, interested lawyers and arbitrators, and students of dispute resolution. Pitched at an ideal location between academic scholarship and introductory texts, it offers parties in all these areas a full-fledged practical guide to the day-to-day realities of international investment dispute resolution in today's world.

In recent years, the treaties and strategies promoting global investment have changed dramatically. The widespread liberalization of economic policy has effectively spurred an increase in foreign direct investment (FDI). By encouraging foreign investors to enter international markets, many countries are witnessing exponential growth within their economies and local industries. The surge of FDI not only brings capital for emerging or growing industries, but it is also capable of boosting the country's economy by creating greater access to financing, more job opportunities, and potential knowledge and technology spillovers.
The basic purpose of concluding bilateral investment treaties (BITs) and double taxation treaties (DTTs) is to signal to investors that investments will be legally protected under international law in case of political turmoil and to mitigate the possibility of double taxation of foreign entities. But the actual effect of BITs and DTTs on the flows of foreign direct investment is debatable.
The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows is a comprehensive assessment of the performance of these treaties, and presents the most recent literature on BITs and DTTs and their impact on foreign investments.

Volume 14 of ICCA Congress Series, The New York Convention at 50, comprises the proceedings of the ICCA Conference held in Dublin in 2008 on the fiftieth anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. One of the highlights of the Conference was a Plenary Session in which the world's leading arbitration experts debated the need to revise the New York Convention. This discussion, along with the text of a preliminary draft of the revised Convention presented during the Conference, is reported in this volume. Further Reports and Commentary explore the two main themes of the Conference: Investment Treaty Arbitration/Treaty Arbitration, with contributions on: - The Impact of Investment Treaty Arbitration: Identifying the Expectations, Testing the Assumptions; - Investment Treaty Arbitration and Commercial Arbitration: Are They Different Ball Games? - Remedies in Investment Treaty Arbitration: The Bottom Line; and - The Enforcement of Investment Treaty Awards, and Rules-Based Solutions to Procedural Issues, with contributions on: - Multi-party Disputes; - Consolidation of Claims; - Summary Disposition; and - Provisional Measures. The volume also includes transcripts of the Round Table Session assessing the revisions to the UNCITRAL Rules on International Commercial Arbitration and of an Open Discussion on Recent Developments in International Arbitration.

As President of the International Court of Justice, Dame Rosalyn Higgins is the world's most senior judge. This two volume set collects together all of her most important writings as a scholar, a member of the UN Human Rights Committee, and as judge and President of the International Court of Justice. During these years Rosalyn Higgins has written on a wide range of topics within the international legal umbrella, including legal theory, United Nations Law, humanitarian law, the use of force, state and diplomatic immunities, human rights, and natural resources law.
As President and Judge of the International Court of Justice Dame Higgins has played her part in the formulation of the Judgments and Opinions of the principal judicial organ of the UN. She has sought to ensure the ICJ - the senior international court - operates in a modern and efficient manner, and in cordial relationship with the many new courts and tribunals now existing. These aspirations are reflected in her speeches during the years 2006 to 2009, most of which have not hitherto been published. This volume boasts a comprehensive collection of all her Separate Opinions, amongst other writings, divided into ten Parts by subject matter. This includes specially written introductory passages by Dame Higgins to present the catalogue of her writings and the correlative developments in international law by theme.

The second edition of International Investment, Political Risk and Dispute Resolution explores the multi-layered legal framework for the protection of foreign investment against political risk. The authors expertly analyse some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, state responsibility, treaties protecting foreign investment, and international arbitration between states and investors. Since the previous edition was released in 2005, far more attention has been paid to these issues, in particular investor-state arbitration. All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. This book is addressed to a wide audience, and is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. While appropriate for practitioner use, this book is also suitable for undergraduate students or for graduates who intend to specialize in international investment law.

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards, arbitration legislation and rules throughout the world as well as on court decisions applying the leading arbitration conventions.
Volume XXXII includes:
- excerpts of arbitral awards made under the auspices of, inter alia, the International Chamber of Commerce (ICC);
- notes on new and amended arbitration rules, including references to their online publication;
- notes on recent developments in arbitration law and practice in Bolivia, China, Mongolia, New Zealand and Switzerland;
- excerpts of 89 court decisions applying the 1958 New York Convention from 18 countries -- including, for the first time, decisions from Pakistan, Portugal and Venezuela -- all indexed by subject matter and linked to the General Editor's published commentaries on the New York Convention;
- an extensive Bibliography of recent books and journals on arbitration.
Edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, the Yearbook is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 130 reports on, amongst others, the Eritrea-Ethiopia Boundary Commission's 2002 Decision on Delimitation and 2006 Statement on Demarcation, the Decision on Preliminary Objection, Counter-claim and Merits Judgment in the Case concerning Oil Platforms (Islamic Republic of Iran v. United States of America) in the International Court of Justice, and the Privy Council Judgment in the Pitcairn Islands case Christian v. The Queen.

This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals. This new edition has been fully revised to take account of the latest developments in the Court's practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules and practice directions; a more expansive approach to interim measures; the application of the 'no significant disadvantage' admissibility test and further applications of the exhaustion of domestic remedies rule and the six months' time limit; the steep rise in the use of unilateral declarations in striking cases out; developments in the use of 'Article 46' and pilot judgments; and the more extensive application of non-pecuniary measures of redress (including reinstatement to employment, disclosure of information and the protection of witnesses). This edition includes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention. Issues covered by the recent case-law include secret rendition, restrictions on in vitro fertilization, medical mistreatment, the treatment of migrants at sea and asylum procedures, states' extra-territorial jurisdiction, same-sex partnerships, and discrimination. There is new law on the rights of suspects, defendants and life sentence prisoners, and the duties owed to the victims of domestic violence, domestic servitude, and human trafficking. With such vast coverage and accessibility, this book is indispensable for anyone practising in this field.

Volume 13 of ICCA Congress Series, International Arbitration 2006: Back to Basics?, contains the proceedings of the 13th ICCA Congress held in Montreal in 2006, where international commercial arbitration specialists from around the world gathered to glean fresh insights on fundamental issues, focusing on three central themes.
The Reports and Commentary presented in Working Group A of the Congress concentrate on Re-examining the Arbitration Agreement. Leading experts explore crucial topics, including:
- The autonomy of the arbitration agreement;
- The arbitrators 'jurisdiction to determine Jurisdiction;
- The law applicable to the arbitration agreement; and
- Treaties as agreements to arbitrate.
Working Group B sessions examine Contemporary Practice in the Conduct of Proceedings and cover procedural aspects in Round Tables on:
- Fact testimony;
- Document production;
- The effective use of legal and technical experts; and
- Oral Argument: and in Reports and Commentary on:
- Arbitral Provisional Measures: The Actual Practice; and
- Evidentiary Privileges.
The volume concludes with the papers generated from the Congress's Plenary Session on Commercial Arbitration and Transnational Public Policy and Treaty Arbitration and International Law.

The International Chamber of Commerce's world-renowned Institute of World Business Law, where legal and business experts convene, has devoted an entire publication to money laundering and other forms of corruption: Arbitration - Money Laundering, Corruption and Fraud. This important Dossier focuses both on the nature of the problem and the lawyer/arbitrator's response to it. This is the first in a series of ICC Institute Dossiers. This useful text contains the proceedings of a conference on arbitration and money laundering organized by the ICC Institute of World Business Law. It brings the reader the expertise of lawyers, academicians and chartered accountants from a range of countries and addresses the key questions arbitrators and legal practitioners want answered: "Is the arbitrator's role in a case of fraud different from his role in other disputes?" "Is the arbitrator bound to report a case of money laundering or fraud if he has a suspicion that something is wrong?" "Is counsel to report someone coming to him for advice?" The Dossier gives a comprehensive overview of the issues. It begins with a look at the nature of the problems lawyers and other professionals face and the solutions they adopt in their daily business. The second part of the book concentrates on the problems raised for arbitrators by money laundering, fraud and bribery. The book ends with a detailed Q&A discussion section.

In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. But considerable problems remain. The aim of this new Dossier by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration and when commercial arbitrations run in parallel with state legal procedures. This is the third in a series of Dossiers from the Institute.

This work is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures. In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. According to some observers, written witness statements, taken in advance, have lessened the chance that surprises will be sprung upon counsel and arbitrators during oral testimony. But considerable problems remain. The aim of "Arbitration and Oral Evidence", prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved. This is the second in a series of Dossiers from the ICC Institute. See also "Arbitration - Money Laundering", "Corruption and Fraud" and "Parallel State and Arbitral Procedures in International Arbitration." The evidential relationship between contemporary documentation, written testimony and oral testimony is a permanent challenge to all arbitrators and counsel in an international arbitration. However experienced the factual or expert witness may be, an oral witness has to be prepared for his testimony and a witness statement has to be written, both with legal help. The issues divide counsel and arbitrators, and there is a need for a better understanding of what is right and wrong in the interaction between written and oral evidence. "Arbitration and Oral Evidence" lays out the issues in a transparent and easy-to-understand way.

This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. Because IT tools can reduce costs and time radically by accelerating the arbitral process, the trend toward more and more use of such tools in arbitral proceedings is unstoppable. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make. In this first handbook on what is likely to become one of tomorrow's incontrovertible topics in the field of arbitration, a well-known expert in ODR guides the reader through the reasons to use IT and its practicalities, the choices made by the prevalent arbitration institutions in this regard, and the legal limits to the use of such technologies. His powerful 'toolbox' includes a wealth of practice guidelines, drafting suggestions for arbitrators or parties wishing to use IT, and checklists and reminders to be used in practice. Among the efficiency-promoting IT tools thoroughly explained are the following: case management websites; videoconferencing; live notes; ODR platforms as ready-to-use solutions; online filing; and e-mail. The presentation focuses on the IT systems developed by major arbitral institutions like the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and the World Intellectual Property Organization (WIPO), with detailed guidance through their case management websites, virtual case rooms, extranets, and other IT tools allowing multiparty communications. The book's highly accessible text - complete with anecdotes, vividly depicted examples, and interesting background information - is backed with great knowledge and expertise in the uses of IT in law practice, so the reader is assured of gaining confident awareness of the easy advantages to grasp and the stumbling blocks to avoid as he or she proceeds. This is a book in which anyone involved in an arbitration, or even likely to be, will discover great benefit.

"CCA's Congress Series No. 12", reflecting the contributions of numerous renowned arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.

The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction - aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions - UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.