Bøger i Oxford International Arbitration Series serien

This is a comprehensive commentary on Chinese bilateral investment treaties (BITs), which are being increasingly used in Chinese foreign investment policy. It will define BITs' role, analyse and interpret their key provisions, and discuss the future of China's investment programme.

This is the first work to provide clear guidance on the increasingly utilized procedure of emergency arbitration. Setting out the procedural frameworks common to the leading emergency arbitration rules and establishing fifteen common principles, it provides greater control and certainty in bringing and defending applications for emergency measures.

This book analyses the treatment of IP rights within international investment law and International Investment Agreements and the relationship between investment treaties and IP-specific international treaties for the protection of IP rights, in particular the TRIPS Agreement and certain free trade agreements.

This book provides the actors involved in investor-State arbitration with a set of comprehensive guidelines to better understand the nature, meaning, and function of general principles of law in the field of international investment law.

Tribunal Secretaries in International Arbitration adopts a transnational approach to systematically answer questions about tribunal secretaries often discussed but thus far unresolved. With useful analysis and practical guidelines, it is an essential tool for all practitioners and academics involved in international arbitration.

This work is the first authoritative analysis of the treatment of interest in arbitration awards. It is a comprehensive assessment of the approaches commonly used in determining interest in international arbitration. The work sets out a uniform approach and a framework for calculation of particular value to arbitrators and practitioners.

This monograph is the first of its kind to offer in-depth analysis of arbitration in the mining sector. It examines the unique risks in mining ventures that give rise to disputes as well as giving practical advice to parties and counsel involved in mining disputes.

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.

Covering the various forms of expressing consent this book also looks at the differences between consent under State legislation and through treaties. It combines scholarly analysis with a detailed discussion of relevant cases, laws, and rules, and focuses on problems that frequently arise in practice.

Systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far, and alongside existing literature.

This work provides a comprehensive guide to expropriation and how it is applied in practice. It offers detailed examination of existing case law and explores the interplay between expropriation and other standards of treaty protection.

The doctrine of res judicata is an increasingly significant issue in international commercial arbitration as the number of disputes subject to arbitration, parties, and arbitral forums has grown. Schaffstein analyses the doctrine in domestic and international litigation and its application, then sets out to identify practical guidelines.

This is an authoritative and full-scale review of the substantive law and principles of investment treaty arbitration. The first edition has been widely referenced and relied upon, and presents the first and deepest analysis of this rapidly-growing field; the second edition accounts for the significant growth in BITs and case law since 2006.

The first comprehensive study of the law and jurisprudence on provisional measures in investment arbitration as an important mechanism for investment protection.

This book provides clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.

This book discusses current developments in trust arbitration in both domestic and cross-border settings, analysing national and international trust arbitration, and bridging the gap between trust and arbitration law by bringing together authors with expertise in both fields. It is a must-have for specialists in both trust law and arbitration law.

This is the first comprehensive study of corruption in international investment arbitration. The book seeks to identify emerging trends in the case law and proposes an integrative framework of decision.

This is a detailed analysis of the legal and financial matters arising from the formulation of claims to the award of damages and loss of income, in the case of breach of long-term complex contracts in international arbitration. It tackles the challenges of structuring claims and awarding damages, with focused examination of the but-for method.

Third Parties in International Commercial Arbitration addresses the role and the interests of third parties in international arbitration. Through a clear overview and in-depth critical commentary, the book explores existing case law and its related academic literature as well as offering an insight into more practical concerns.

This systematic and comprehensive analysis of the interpretation of treaties in investment arbitration presents a wealth of material and a thorough assessment of the practice of foreign investment arbitral tribunals.

Good Faith in International Investment Arbitration offers a comprehensive study on both the theory and application of the principle of good faith in the international arbitration process. It is an essential book for both practitioners and academics.

A vital text for practitioners and academics this book integrates the international law of political risk with the domestic, political, and economic considerations central to assessing risk. It offers a detailed analysis of pre-investment decisions that can reduce political risk, treaties protecting investment, and international dispute resolution.

Fully revised and updated, this new edition deals with the issue of valuation of legal claims in international dispute settlement proceedings, especially in the context of foreign investment. It provides an analysis of the practice of international courts and tribunals as regards the valuation of claims of individuals against foreign states.