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The topic of transparency in international investment arbitration
is gaining increasing attention. This in-depth commentary analyses
the UNCITRAL Rules on Transparency in Treaty-Based Investor-State
Arbitration, one of the most recent and innovative developments in
international law. Focusing on the application of these rules,
contributors analyse the issue of transparency in investment law
more broadly and provide in-depth guidance on how to apply the
UNCITRAL transparency rules. Chapters encompass all treaty-based
disputes between investors and state, examining the perspectives of
disputing parties, third parties, non-disputing state parties and
arbitral tribunals. The contributors each have a strong background
in investment arbitration, in both professional practice and
academia. This commentary will be of interest to all actors
involved in investment arbitrations, especially practitioners,
counsels, NGOs and scholars in the fields of international law,
commercial arbitration and investor-state arbitration.
The topic of transparency in international investment arbitration
is gaining increasing attention. This in-depth commentary analyses
the UNCITRAL Rules on Transparency in Treaty-Based Investor-State
Arbitration, one of the most recent and innovative developments in
international law. Focusing on the application of these rules,
contributors analyse the issue of transparency in investment law
more broadly and provide in-depth guidance on how to apply the
UNCITRAL transparency rules. Chapters encompass all treaty-based
disputes between investors and state, examining the perspectives of
disputing parties, third parties, non-disputing state parties and
arbitral tribunals. The contributors each have a strong background
in investment arbitration, in both professional practice and
academia. This commentary will be of interest to all actors
involved in investment arbitrations, especially practitioners,
counsels, NGOs and scholars in the fields of international law,
commercial arbitration and investor-state arbitration.
Disputes in the energy and natural resources sector are at the
heart of international arbitration. With more arbitrations arising
in the international energy sector than in any other sector, it is
not surprising that the highest valued awards in the history of
arbitration come from energy-related arbitrations. Energy disputes
often involve complex and controversial issues relating to
security, sovereignty, and public welfare. International
Arbitration in the Energy Sector puts international energy disputes
into a global context, providing broad coverage of different forms
and systems of dispute resolution across both renewable and
non-renewable sectors. With contributions from leading
practitioners, arbitrators, academics, and industry experts from
across the globe, the eighteen chapters in the book enable readers
to compare the approaches to, and learnings from, energy
arbitrations across various legal systems and geographic regions.
After outlining the international energy arbitration legal
framework, the text delves into a detailed analysis of the problems
which regularly arise in practice. These include, among other
things, commercial disputes in Part I (e.g. over the upstream oil
sector and long-term gas supply contracts), investor-state disputes
in Part II (e.g. under the Energy Charter Treaty), and public
international law disputes in Part III (e.g. concerning
international boundaries and the distribution of natural
resources). Alongside recent developments in the international
energy sector, attention is given to climate and sustainable
development disputes, which raise important questions about
enforcing sustainability objectives on individuals, corporations,
and states. Backed by analyses of arbitral awards, national court
and international tribunal decisions, treaties, and other
international legal instruments, as well as current events and news
in the energy industry, this text offers a unique contribution to
international energy literature and provides insightful commentary
on the prevalent issues in the field. It is essential reading for
any practitioner or researcher in the energy and natural resources
sector.
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