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Oji A: UNASSAILABLE

UNASSAILABLE

Inside a Three-Billion-Dollar Arbitration and the Brief That Could Not Be Ignored

Routledge Studies in the Modern World Economy

Considering the unique character of taxation, such as the necessary discretionary power of tax administration, the complexity of tax issues, and nascent development of tax systems in many developing countries, this book provides a comprehensive analysis of tax disputes from the viewpoint of protecting the legitimate fiscal conduct of host State in investment arbitration that are of both theoretical and practical importance.

Conflict between domestic policies and international obligation of the State on taxation

Tax Law and Investment Arbitration

This book analyses the role of actors that critically aid adjudicators at different stages of the dispute resolution process across 20 international dispute resolution bodies. Collectively referred to as 'dispute assistants' in the book, these actors are known by different names such as legal officers, référendaires, secretariat staff, registry staff, etc. The book uses doctrinal research, supplemented through interviews with relevant actors in each dispute resolution body, and delivers a holistic view of their everyday practice. The book provides a comparative study on the functions of dispute assistants at every stage of the dispute resolution process, revealing the widespread and critical nature of their work. It addresses the legitimacy concerns raised about the alleged influence dispute assistants may exercise over adjudicators as well as in the decision-making process. These concerns are traced across sources such as judicial/quasi-judicial decisions; statements or criticisms raised by States parties, academics, or practitioners; and concerns that arose in conversations with judges, dispute assistants, and other relevant actors. By employing a comparative lens, the book moves from concerns that are specific to individual dispute resolution bodies towards general concerns. By tapping into the wealth of comparative practices across dispute resolution bodies to navigate these legitimacy concerns, this essential book reframes the narrative that dispute assistants threaten the legitimacy of international dispute resolution, and proposes solutions to show how their expertise can be leveraged to strengthen the legitimacy of outcomes.

Navigating Legitimacy

Assistants in International Dispute Settlement

Swedish Studies in European Law

This open access book investigates, analyses, and discusses the emerging issues of investment and the EU legal order. Europe has historically had an open approach to investment, but evolving geopolitical considerations over the past decade have seen this classical open approach being increasingly replaced by a more protectionist stance. Leading scholars, civil servants and practitioners assess the implications of this change, taking a four part approach of framing investment, arbitration, sustainability, and future developments. The collection's expert insights and ambitious scope ensures its appeal to investment lawyers both within and outside the European Union.

The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Swedish Studies Network.

Past, Present, and Future

The EU Law of Investment

Routledge Research in International Economic Law

Ranjan explores the two competing narratives of investor-state dispute settlement (ISDS) and focuses on the six ISDS cases India lost. This book argues that India's ISDS story resembles the Yukos narrative where investors are allowed to hold States accountable for abuse of public power.

Affronting Sovereignty or Indicting Capriciousness?

India and Investor-State Dispute Settlement

This open access anthology explores intersections and boundaries between public procurement and contract law, examining how these legal regimes diverge, influence, and occasionally overlap during the performance stage of public contracts. While public procurement processes are largely harmonised across Europe through the EU Public Procurement Directives, the performance phase is only partially regulated. A sizeable part of public contract implementation remains subject to national laws, governed through a combination of administrative and contract law. This gives rise to a set of foundational questions: Does public procurement law fully occupy the legal space of public contract performance? In which instances-if any-does contract law retain relevance? Are classical contract law concepts transformed or distorted when applied to public contracts, and how does this affect mechanisms such as arbitration? To what extent do the answers to these questions vary depending on the regulatory model adopted by a given jurisdiction? Part 1 introduces the topic, covering regulatory models for public contracts from procurement and contract law perspectives. Part 2 examines general issues such as legal review asymmetries, tacit modifications, due diligence, loyalty obligations, and the doctrine of hardship under EU law. Part 3 explores contemporary challenges, including digitalisation and sustainability. Part 4 analyses arbitration in public contract disputes. &gt;The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Exploring Intersections, Defining Boundaries

Public Procurement and Contract Law

With contributions from leading practitioners in the New York arbitration field, International Commercial Arbitration in New York 3e offers a comprehensive treatment of the law and practice relating to this arbitration seat.

International Commercial Arbitration in New York

An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer.

The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC).

It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure.

Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.

A Comparative Study

Buyers’ Remedies in International Sales Law

This book addresses the role of investment arbitrators within the framework of international investment law, a system that tends by design to prioritise the interests of foreign investors, often at the expense of the economic and social policies of the host states. The theoretical foundations of this volume are doctrinal, and the argument presented is aimed at contributing to the scholarly debate on the reform of the system of investment law. Because of this, the book is particularly focussed on the scholarship and is aimed at an audience already familiar with the system of investment arbitration and its case-law. The author explores both the explicit and implicit duties of arbitrators and critically questions certain critiques of investment law that call for arbitrators to interpret bilateral investment treaties and free trade agreements in ways that also protect the host states' interests. While the author argues that challenges to the legitimacy and credibility of the current investment law regime are well-founded, he also argues that arbitrators find themselves constrained by the prevailing legal framework, unable to fully balance the competing interests of foreign investors and host states. The book concludes that achieving greater equality in the investment legal regime necessitates a departure from the existing bilateral investment treaties paradigm and calls for a more just and balanced system of investment treaties. The author argues that, until such a transformation occurs, arbitrators remain compelled to apply the current applicable law, highlighting the insurmountable limitations and tensions within the present system.

Ethics, Power and Responsibility

Investment Arbitration’s Tightrope

Beck international

Article-by-Article Commentary

Swiss Rules of International Arbitration

This book explores the use of Third-Party Funding in Investor-State Dispute Settlement, a transformative yet controversial instrument that implicates procedural fairness, commodification of justice, public interest and state sovereignty in investment law. It will be useful to researchers of international arbitration and investment law.

Third-Party Funding in International Investment Law

Construction Practice Series

International Contractual and Statutory Adjudication

This book provides a detailed analysis of private-public arbitrations and their constitutional ramifications. Across twenty chapters and almost fourty jurisdictions, it evaluates how domestic legal systems safeguard public interest in arbitration, addressing concerns related to democracy, rule of law, and fundamental rights

The Comparative Constitutional Foundations of Private-Public Arbitration

UNASSAILABLE

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