Is Investment Treaty Arbitration 'Review'? Reviewing Caroline Henckels' Proportionality and Deference in Investor-State Arbitration

Is Investment Treaty Arbitration 'Review'? Reviewing Caroline Henckels' Proportionality and Deference in Investor-State Arbitration
Author: Caroline E. Foster
Publisher:
Total Pages: 8
Release: 2017
Genre:
ISBN:

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This brief review devotes attention to the important contemporary question underlying Dr. Henckels' book of whether investment treaty arbitration ought to be characterised as review.

Proportionality and Deference in Investor-State Arbitration

Proportionality and Deference in Investor-State Arbitration
Author: Caroline Henckels
Publisher: Cambridge University Press
Total Pages: 265
Release: 2015-10-15
Genre: Law
ISBN: 1107087902

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Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
Author: Valentina Vadi
Publisher: Edward Elgar Publishing
Total Pages: 459
Release: 2018-04-27
Genre: Law
ISBN: 1785368583

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International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

Balancing Investment Protection and the Public Interest

Balancing Investment Protection and the Public Interest
Author: Caroline Henckels
Publisher:
Total Pages: 19
Release: 2019
Genre:
ISBN:

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International investment tribunals have not yet developed a coherent approach to the standard of review in relation to disputes involving the exercise of public power by host states. In particular, tribunals have generally not approached the question of deference to host state authorities in a principled manner. Some tribunals have employed strict standards of review, resulting in state liability in respect of measures adopted to promote public welfare. However, an increasing number of tribunal decisions show a measure of deference to host states. They have done so on the basis of two key factors: in recognition of the desirability of regulatory autonomy and host state authorities' proximity to their populations, and by taking account of authorities' greater institutional competence and expertise. This emerging approach to deference echoes the jurisprudence of other international and supranational courts and tribunals performing similar functions. Future investment tribunals should, cognizant of the desirability of deference in certain circumstances, exercise restraint in their assessment of matters that are more appropriately the province of national authorities. Such an approach would achieve a more balanced relationship between the protection of foreign investment and host state regulatory autonomy.

Contract Interpretation in Investment Treaty Arbitration

Contract Interpretation in Investment Treaty Arbitration
Author: Yuliya Chernykh
Publisher: International Litigation in Press
Total Pages: 632
Release: 2022
Genre: Law
ISBN: 9789004414679

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"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--

New Zealand Yearbook of International Law

New Zealand Yearbook of International Law
Author:
Publisher: BRILL
Total Pages: 466
Release: 2020-05-18
Genre: Law
ISBN: 9004423265

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The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2018 to 31 December 2018.

Towards Consistency in International Investment Jurisprudence

Towards Consistency in International Investment Jurisprudence
Author: Katharina Diel-Gligor
Publisher: BRILL
Total Pages: 614
Release: 2017-05-22
Genre: Business & Economics
ISBN: 9004337911

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Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.