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International Investment Law and the Energy Transition
The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law. The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state's right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalib...
Expedited International Arbitration
Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on ...
Stockholm Arbitration Yearbook 2020
Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition provides authoritative chapters, some of them with a Swedish angle, that address current matters of global concern in arbitration, including the following: dispute resolution in the financial sector; emergency arbitration; recent Swedish case law related to arbitration and in particular one seminal case; arbitrator liability; the right to a public hearing in arbitration; and squeeze-out arbitration. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel, and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies, and arbitral institutions worldwide.
Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection
In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component. This culminates essentially in whether arbitration is a legitimate forum and whether privately appointed arbitrators appropriately can resolve environmental-related disputes. These disputes are bound to increase in frequency because host-States are also partaking in global efforts to respond to environmental challenges.
Sovereign Immunity from Execution and International Arbitration
International Arbitration Law Library In international arbitration, a State’s plea of sovereign immunity complicates post-award proceedings. In this invaluable book, the intersection of international arbitration law and the law of sovereign immunity—in particular, the back end of the arbitral procedure where a creditor is seeking to enforce an award against a reluctant debtor State—is thoroughly investigated. The author asks whether the current doctrinal understanding of sovereign immunity from execution and its interpretation and application in the international arbitration context sit well with a 21st-century global marketplace, and offers well-informed suggestions on what improvemen...
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Sovereign Immunity from Execution and International Arbitration
International Arbitration Law Library In international arbitration, a State's plea of sovereign immunity complicates post-award proceedings. In this invaluable book, the intersection of international arbitration law and the law of sovereign immunity--in particular, the back end of the arbitral procedure where a creditor is seeking to enforce an award against a reluctant debtor State--is thoroughly investigated. The author asks whether the current doctrinal understanding of sovereign immunity from execution and its interpretation and application in the international arbitration context sit well with a 21st-century global marketplace, and offers well-informed suggestions on what improvements a...
