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Oji A: UNASSAILABLE

UNASSAILABLE

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

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

Global Energy Law and Policy

The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law. The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state's right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalibrated. The book delves into this complex landscape, exploring how established legal frameworks, especially international investment law, grapple with the unique characteristics of renewable energy, critical minerals, and rapidly evolving technologies. While offering a roadmap for the current energy transition, the book also identifies unanswered questions. It paves the way for further discussion on critical mineral supply chains and the future of international investment law in a transformed energy landscape.

International Investment Law and the Energy Transition

Beck international

Article-by-Article Commentary

SCC Arbitration Rules

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

Oxford Legal History

Arbitrating Empire uncovers how ordinary people used arbitral claims commissions to challenge state violence across the United States Empire during the first decades of the twentieth century and why the State Department attempts to erase their efforts remade modern international law.

United States Expansion and the Transformation of International Law

Arbitrating Empire

This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.

A Commentary

General International Law in International Investment Law

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

Civil Justice Systems

This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers, and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators.

The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.

Arbitrators’ Duties and the Emerging Arbitral Market

The Regulation of International Commercial Arbitration

The Lieber Studies Series

This volume in the Lieber Studies series explores how the law of armed conflict is made and shaped. It examines the fundamental materials of the law of armed conflict, key actors and influences, the spaces where the law is made, as well as questions of unmaking.

Making and Shaping the Law of Armed Conflict

The Coming of Age (2000-2009)

Discussions in Dispute Resolution

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

UNASSAILABLE

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