The Element of Risk in International Investment Arbitration

2011 ◽  
Vol 13 (1-2) ◽  
pp. 111-124 ◽  
Author(s):  
Marcin Kałduński
Keyword(s):  
Risk Assessment ◽  
International Law ◽  
Investment Project ◽  
International Investment ◽  
Good Faith ◽  
Two Cultures ◽  
University Of Cambridge ◽  
Investment Arbitration ◽  
The Republic ◽  
The University

AbstractInvestments have always been exposed to a degree of risk. The present article, based on the author’s presentation at the conference “Sir Hersch Lauterpacht ‐ Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge on 5‐6 November 2008, examines the element of risk, inherent in any investment project, as it has been delineated through international investment arbitration. The main focus is on the duty, on the part of the investor, to make a risk-assessment and act in good faith. These duties, however, do not mean ipso facto that the investor is responsible for any occurrence that may damage the investment. It is at this point that tribunals bear an important obligation to balance investor and host State interests.

Professor Manfred Lachs: Wise Man of International Law

2011 ◽  
Vol 13 (1-2) ◽  
pp. 81-86
Author(s):  
Eugeniusz Piontek
Keyword(s):  
International Law ◽  
Great Influence ◽  
Legal Discourse ◽  
Two Cultures ◽  
Legal Thought ◽  
University Of Cambridge ◽  
The Republic ◽  
The University ◽  
Academic Teacher

AbstractThis article, based on the author’s presentation at the Conference “Sir Hersch Lauterpacht - Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge on 5‐6 November 2008, aims at briefly presenting the life and achievements of Professor and Judge Manfred H. Lachs (21 April 1914‐14 January 1993). During the course of his prolific career, Judge Lachs was active and excelled in four different roles; those of scholar and academic teacher, diplomat and international judge. In all these roles, with his innovative and ground-breaking ideas, he has left his mark on legal discourse and his legal thought continues to be of great influence even today.

Preclusion of Wrongfulness of the Use of Force

2011 ◽  
Vol 13 (1-2) ◽  
pp. 125-146
Author(s):  
Aureliusz Wlaź
Keyword(s):  
International Relations ◽  
International Law ◽  
Use Of Force ◽  
Current Debate ◽  
Two Cultures ◽  
University Of Cambridge ◽  
The Republic ◽  
The University

AbstractThis contribution, stemming from a presentation made at the Conference “Sir Hersch Lauterpacht - Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge on 5-6 November 2008, addresses the current debate on the legality of the use of force in international relations. More specifically, it considers the possibility and applicability of the ‘preclusion of wrongfulness’ argument with respect to the use of force. It is argued that although circumstances precluding wrongfulness were never expressly invoked in the context of the use of force, such a possibility may be worth consideration.

Count Rostworowski as an International Lawyer and Judge

2011 ◽  
Vol 13 (1-2) ◽  
pp. 59-79
Author(s):  
Anna Wyrozumska
Keyword(s):  
International Law ◽  
International Justice ◽  
Two Cultures ◽  
International Lawyer ◽  
University Of Cambridge ◽  
Treaty Interpretation ◽  
The Republic ◽  
The University

AbstractThis article, stemming from a presentation made at the conference “Sir Hersch Lauterpacht ‐ Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge on 5‐6 November 2008, introduces the life and work of Count Rostworowski as a lawyer, academic and international judge. The main focus is on his approach to international law and treaty interpretation in his opinions in the cases of the Permanent Court of International Justice, on which he sat as a judge.

Where is the World Heading? Shaping a New International System

2011 ◽  
Vol 13 (1-2) ◽  
pp. 5-22
Author(s):  
Adam Daniel Rotfeld
Keyword(s):  
International Law ◽  
Present Article ◽  
International System ◽  
University Of Cambridge ◽  
Daunting Task ◽  
The World ◽  
The Republic ◽  
The University ◽  
Paths To Stability ◽  
Current Reality

AbstractAttempting to understand the way in which the international system evolves and what the main forces that shape its future progress are, is always a complicated endeavour. In the present article, based on the presentation made at the Conference “Sir Hersch Lauterpacht ‐ Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge, the author undertakes this daunting task. Whereas Kissinger argued that there exist only two paths to stability, hegemony or equilibrium, in this article it is argued that this does not reflect the current reality and challenges of the 21st century. By analysing the current forces and challenges of the modern international community the author of the present article strives to derive certain conclusions as to where the world is heading and what would be the shape of the international system.

Requirements for Amicus Curiae Participation in International Investment ArbitrationA Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/15

2013 ◽  
Vol 12 (3) ◽  
pp. 365-390 ◽  
Author(s):  
Christian Schliemann
Keyword(s):  
International Law ◽  
International Investment ◽  
Recent Attempt ◽  
Arbitral Tribunal ◽  
Amicus Curiae ◽  
Legal Rules ◽  
Investment Arbitration ◽  
Legal Standard ◽  
Investment Law

Abstract The legal standard on amicus curiae participation in international investment arbitration has been forged by the judicial development of legal rules and, in parallel, the modification of normative sources, such as the ICSID Arbitration Rules. Current and future decisions by arbitral tribunals on the participation of amicus curiae in a given dispute must abide by this consolidated standard. In June 2012, the arbitral tribunal in Joint ICSID Cases No. ARB/10/15 and No. ARB/10/25 released a procedural order, rejecting an amicus petition. This Order contains various deviations from the applicable legal standard and severely restricts the options for amicus participation. The recent attempt to strengthen the legitimacy of international investment arbitration by allowing for greater amicus participation and the acknowledgement of the interdependence of investment law and other areas of international law is thereby put in peril.

scholarly journals Using Arbitration for Resolving Foreign Investment Disputes: A Comparative Study of Laws on Arbitration in Ghana and China

2016 ◽  
Vol 9 (7) ◽  
pp. 1 ◽  
Author(s):  
Shirley Ayangbah
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
International Investment ◽  
Customary International Law ◽  
Republic Of China ◽  
The Past ◽  
The Republic ◽  
The Right ◽  
Procedural Rights ◽  
Comparative Manner

<p>International Investment in recent times is seen as one of the fastest-developing areas of international law. In the past decades, there has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment related provisions that grant foreign investors important substantive and procedural rights, including, most importantly, the right to sue individuals, organizations and even the state hosting their investment for violations of customary international law and treaty obligations. Dispute becomes an inevitable phenomenon as individuals, organizations and countries continue to engage in foreign investment and as such there is the need for dispute solving mechanism to resolve such disputes as and when they arises. Even though there are several dispute solving mechanisms, arbitration seems to be a well-established and widely used mechanism to end dispute probably due to the efficiency and flexibility nature of it. The laws governing arbitration differ from one country to the other and it is for this reason that investors need to be abreast with the different arbitration laws  so as to enable them make inform decisions as to whether to resort to arbitration  or not. This paper analyses the arbitration laws of The Republic of Ghana and Peoples Republic of China in a comparative manner by drawing on the similarities and difference with respect to arbitration laws and procedure in these two countries. The paper is divided into three parts. The first part of this paper gives a brief background as well as the characteristics of the concept of arbitration. The second part looks as the similarities and difference of arbitration between the selected countries, and the final part looks at the arbitration phase and post arbitration phase of the two countries.</p>

International Investment Arbitration

2017 ◽  
Author(s):  
McLachlan Campbell ◽  
Shore Laurence ◽  
Weiniger Matthew
Keyword(s):  
International Law ◽  
Present State ◽  
Critical Review ◽  
International Investment ◽  
Comprehensive Description ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Author Team ◽  
Substantive Law ◽  
Investment Treaty Arbitration

This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors’ achievement in describing and analysing the volume of law created, applied and analysed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognised author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it.

ICSID Arbitration and the Importance of Public Accountability of a Private Judicature – A Roman Law Perspective

2007 ◽  
Vol 9 (1) ◽  
pp. 59-102 ◽  
Author(s):  
Frederic Gilles Sourgens
Keyword(s):  
International Law ◽  
International Investment ◽  
Civil Procedure ◽  
Customary Law ◽  
Roman Law ◽  
Public Accountability ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Investment Law

AbstractThis article explores the problems of public accountability in current investment law practice. These problems arise from the private interpretation of international investment treaty and customary law in arbitration. It analyses these problems through the historical lens of Roman law and the Roman law tradition in international law. It suggests a Praetorian system of international accountability and explores the remarkable similarities between current investment arbitration and classical Roman civil procedure.

Sign in / Sign up

Export Citation Format

Share Document