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The Resolution of International Investment Disputes
Mariel Dimsey
其他書名
Challenges and Solutions
出版Eleven International Publishing, 2008
主題Business & Economics / International / GeneralLAW / Administrative Law & Regulatory PracticeLaw / Alternative Dispute ResolutionLaw / Arbitration, Negotiation, MediationLaw / Commercial / International TradeLaw / InternationalLaw / Securities
ISBN90775965269789077596524
URLhttp://books.google.com.hk/books?id=fYcOnI28z9sC&hl=&source=gbs_api
EBookSAMPLE
註釋This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.