Arbitration and Renegotiation of International Investment Agreements:A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements
Kluwer Law International, Jun 8, 1995 - Law - 458 pages
This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility.
Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor-host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability.
The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government.
The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.
What people are saying - Write a review
THE TRANSNATIONAL INVESTMENT AGREEMENT
Legal Aspects Introductory Survey
Case Study No 2 The Renegotiations of the SelebiPhikwe Project
Case Study No 3 Renegotiation ofFreeports Ertsberg Mining Agreement
Adaptation Force Majeure and Renegotiation Clauses
b The Mission of the Third Person
Choice of Law Clauses
The Case of ICSID Arbitration
Case Study No 5 The Jamaican Bauxite Renegotiations
Case Study No 6 Aminoil Renegotiations Kuwait
Case Study No 7 Churchill Falls Canada
Case Study No 8 GhanaValco Renegotiations
Case Study No 9 DistrigazSonatrach Renegotiations
Some Conclusions from the Case Studies
Choice of Law by the Parties
Potentially Applicable Laws
Summary and Conclusions of Chapter 3