Arbitration / Mediation / Litigation

Handbook of Investment Arbitration Commentary, Precedents and Models for ICSID Arbitration

By Thomas H. Webster
Sweet & Maxwell U.K. October 2012

Specifications

ISBN-13
9780414044647
Publisher
Sweet & Maxwell U.K.
Publication
October 2012
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The Handbook of Investment Arbitration covers the rules and substantive law in one easily transportable book providing everything you need for an ICSID arbitration.

Aimed at the arbitration practitioner, it makes the principles and procedures fully understandable and provides the detailed references required to deal with complex procedural issues as they arise during the investment treaty arbitration process.

  • Provides detailed guidance for private counsel and governments on how to conduct an ICSID arbitration
  • Goes through the ICSID arbitration process from start to finish
  • Examines each of the ICSID Arbitration Rules in turn
  • Explains procedure in detail, such as what has to be filed with each document, applications for judgments, the requirements of an award, enforcement of awards and their annulment
  • Analyses the substantive issues that are particular to investment arbitration, such as the fair and equitable treatment standard and no expropriation without compensation
  • Makes reference to the key provisions of BITS from specific countries, such as USA, UK, France and the Netherlands and also with reference to NAFTA
  • Discusses the unique features of annulment, recognition and enforcement of ICSID awards, with reference to the main awards to date
  • eatures a comprehensive set of models and precedents for ICSID arbitration, such as the Request for Arbitration, Preliminary Objection on Jurisdiction, Claimant's First Memorial, and Application for Annulment
  • Reproduces all the relevant ICSID materials so they are easily available for reference, including the ICSID Convention, the Administrative and Financial Regulations and IBA Rules on Conflict of Interest
  • Presented in a style that is simple and direct so that it will be easily accessible to readers around the world

Table of Contents

  • Section One: The Rules.
  • Section Two: The Substantive Issues with key references to BITs and NAFTA.
  • Section Three: Models, Precedents and Examples.
  • Section Four: Appendices and Further Materials.

About the Author

Tom Webster

Based in Paris, Tom is a Canadian lawyer also qualified to practice in the US, France and England. He speaks French, English and German. He has been Chairman, sole arbitrator, or member of the tribunal in numerous international arbitration proceedings, ad hoc (including UNCITRAL) and under the Rules of the ICC and AAA. As Counsel he has represented clients at numerous international arbitration proceedings, ad hoc (including UNCITRAL) and under the Rules of the ICC, AAA, Netherlands Arbitration Institute (NIA) and Polish Court of Arbitration (construction, telecommunications, distribution, shipping, boot (Build Operate Own and Transfer) projects, mergers & acquisitions, and State contracts). Author of the successful, Handbook of ICC Arbitration Tom is a Member, ICC Commission on Arbitration.

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