Foreign Investment Disputes: Cases, Materials, and Commentary

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Kluwer Law International, 2005 - Law - 1653 pages
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This indispensable handbook is the first legal resource to gather together the most important cases and commentary on the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the basic source material into a well-organised and up-to-date volume covering the full scope of the subject.

The work provides broad coverage of all aspects of foreign investment disputes: the treaty system protecting investments, investment contracts and key clauses, forums for resolving investment disputes, political risk insurance, applicable law, principles of state responsibility, investor rights under investment treaties and customary international law, defenses to investor claims, reparations, procedure and proof, and enforcement of arbitral awards. Of particular value to practitioners are such features as the following:

  • the most relevant excerpts from the most important cases dealing with foreign investment disputes;
  • questions and comments prepared by the authors, who are senior lawyers and professors with vast experience and expertise in the subject matter;
  • excerpts from decisions of the Overseas Private Investment Corporation interpreting the key terms of political risk insurance policies, and,
  • key clauses in investment contracts.

    Foreign Investment Dispute: Cases, Materials and Commentary will be of inestimable value to practitioners in the field, both experienced and novice, as well as to academics. As a well-organised and easy-to-use compilation of the key materials from both case law and secondary sources, it has no peers.


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Chapter 1Foreign Investment Disputes
Chapter 2Treaty Schemes for Bilateral Investment Disputes
Chapter 3Investment Contracts and Key Clauses
Chapter 4Forums for Resolving Foreign Investment Disputes
Chapter 5Political Risk Insurance
Chapter 6Applicable Substantive Law
General Principles
Chapter 8Violations of Investor Rights Under Customary International Law
Chapter 9Violation of Investor Rights Under Investment Treaties
Chapter 10Defences
Chapter 11Reparations Recoverable by Foreign Investors in International Law
Developing the Case
Chapter 13Recognition and Enforcement of International Arbitral Proceedings and Awards

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