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Discrimination in International Investment Arbitration

Discrimination in International Investment Arbitration

Discrimination in International Investment Arbitration

Author: Michail Risvas
Publisher: Oxford University Press
ISBN: 9780192857262
Published In: November 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,690.00

HKD 1,639.30 Save HKD 50.70 (3%)

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Description
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Discrimination in International Investment Arbitration provides an original and comprehensive treatment of the non-discrimination standards at the heart of many investment treaty cases. Drawing insights from US law, EU law, and international human rights courts, Risvas supplies key insights into arbitration tribunals' decisions on the interpretation and application of a wide scope of standards, including Most Favoured Nation (MFN) Treatment; National Treatment (NT); non-impairment clauses prohibiting arbitrary and/or discriminatory measures; Fair and Equitable Treatment (FET); and non-discrimination in the context of the Expropriation standard. Advancing normative suggestions for the application of non-discrimination standards, Risvas proposes a template for practitioners, policymakers, and adjudicators involved in investment treaty negotiations. The book is also a valuable resource for legal scholars, as it clarifies inconsistent arbitral practice and distils the key traits of discrimination claims.

1:Introduction

2:The Nature of Non-discrimination Obligations Contained in International Investment Treaties

3:The Legal Test for Establishing Violations of Non-discrimination Obligations

4:Procedural and Evidentiary Matters: Burden of Proof, Standard of Review, and Standard of Proof

5:Conclusion

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