Discrimination in International Investment Arbitration

Name: Discrimination in International Investment Arbitration
Brand: Oxford University Press
SKU: 9780192857262
Price: 1639.30 HKD
Availability: InStock
Author: Michail Risvas
ISBN: 9780192857262

By Michail Risvas

Oxford University Press November 2023

Specifications

ISBN-13: 9780192857262
Publisher: Oxford University Press
Publication: November 2023
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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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