WTO Litigation, Investment Arbitration, and Commercial Arbitration

Author: Jorge A. Huerta-Goldman; Antoine Romanetti; Franz X. Stirnimann
Publisher: Kluwer Law International
ISBN: 9789041146861
Published In: July 2013
Format: Hardback , 472 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including:

management of parallel proceedings and role of politics and ‘pressure points’ within host governments;

selection and appointment of arbitrators, panels and Appellate Body members;

use of experts and economics;

search of the applicable law;

interpretation of the national treatment principle and other substantive standards and legal tests;

methods of redressing ‘moral damage’;

regimes of review, appeals and annulment;

enforcement systems of awards, implementation of WTO law and other legal remedies; and

allocation of costs.

In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.

List of Editors. List of Contributors. Foreword. CHAPTER 1 Cross-Fertilization and Reciprocal Opportunities: An Overview. Jorge A. Huerta-Goldman, Antoine Romanetti & Franz X. Stirnimann CHAPTER 2 Protection of Investors in International Trade and Investment Regimes: A Practical Comparison. Naboth van den Broek. CHAPTER 3 Jurisdictional Overlap in WTO Dispute Settlement and Investment Arbitration. Brooks E. Allen & Tommaso Soave. CHAPTER 4A Selecting the WTO Judges. Petros C. Mavroidis. CHAPTER 4B The Arbitrator Selection Process in International Commercial Arbitration. Simon Greenberg & Kristina Osswald. CHAPTER 4C Cross-cutting Observations on Composition of Tribunals.Jorge A. Huerta-Goldman, Antoine Romanetti & Franz X. Stirnimann. CHAPTER 5 Experts in WTO and Investment Litigation. Yuka Fukunaga. CHAPTER 6 The Use, Non-use and Abuse of Economics in WTO and Investment Litigation. Joost Pauwelyn. CHAPTER 7 Searching for the Applicable Law in WTO Litigation, Investment and Commercial Arbitration. Rupert Reece, Alexis Massot & Marie-Hélène Bartoli. CHAPTER 8A National Treatment in WTO Litigation.Tania Parcero Herrera. CHAPTER 8B National Treatment in Investment Arbitration. Sabina Sacco & Mónica C. Fernández-Fonseca. CHAPTER 8C Cross-cutting Observations on National Treatment. Jorge A. Huerta-Goldman. CHAPTER 9 Remedies in WTO Dispute Settlement and Investor-State Arbitration: Contrasts and Lessons. Thomas Sebastian & Anthony Sinclair. CHAPTER 10 Moral Damages in Investment Arbitration, Commercial Arbitration and WTO Litigation. Bernd Ehle & Martin Dawidowicz. CHAPTER 11 From Annulment to Appeal in Investor-State Arbitration: Is the WTO Appeal Mechanism a Model?Giorgio Sacerdoti & Matilde Recanati. CHAPTER 12 Enforcement against States: Investment Arbitration and WTO Litigation. Petr Polášek & Sylvia T. Tonova. CHAPTER 13A The Allocation of Costs by Arbitral Tribunals in International Commercial Arbitration. Gustav Flecke-Giammarco. CHAPTER 13B The Allocation of Costs in International Commercial Arbitration, an Opportunity for WTO Dispute Settlement System? Anant Swarup.