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Oji A: UNASSAILABLE

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

Ethics, National Security, and the Rule of Law

Hybrid Threats and Grey Zone Conflict explores the legal dimension of strategic competition below the threshold of war, assessing the key legal and ethical questions posed for liberal democracies. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies.

In the current geopolitical environment, liberal democracies vie for influence and prosperity with autocratic governments, such as those of China and Russia. While the great powers do not shy away from using aggressive force, much of their rivalry today takes place below the threshold of armed conflict, in a conceptual and practical 'grey zone' between war and peace. Autocratic states operate in this grey zone to target the vulnerabilities of liberal democracies, creating hybrid threats that rely on instruments ranging from economic, diplomatic, legal, and informational pressure all the way to military coercion. 

Law plays a critical role in this context. In the ethically and legally ambiguous grey zone, international law serves as a normative, yet malleable, framework within which geopolitical rivals compete. State and non-State actors invoke the law as the source of authority, while simultaneously hoping to shape the international legal order in their own strategic interests. 

Hybrid Threats and Grey Zone Conflict offers the first in-depth assessment of the legal and ethical aspects of hybrid threats and grey zone conflict. It explores the responses available to democratic nations for countering hybrid and grey zone threats whilst adhering to liberal democratic values and the rule of law. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies. This volume is essential reading for anyone interested in learning more about contemporary forms of strategic competition below the threshold of open hostilities.

The Challenge to Liberal Democracies

Hybrid Threats and Grey Zone Conflict

The Lieber Studies Series

How laws are created, shaped, and applied is a significant but often overlooked component of studies on armed conflict. Almost every contentious legal question involves aspects of law-making and shaping, be it the determination of a rule's scope of application, whether and how to regulate a "new" situation, or determining which sources and materials to take into account. As such, all who operate in this space - whether academic, practitioner, policy-maker, or legal advisor - must appreciate and understand the forces, factors, and actors which converge to make and shape the ever-developing law of armed conflict.

This volume brings together several key contributors to explore this making and shaping in depth. A variety of aspects of law-making and shaping are analyzed, from the methodology behind identifying principles and rules of law, to what weight should be given to the views of particular actors, to the various forums where the law is made and shaped. It examines foundational materials of the law of armed conflict including the 1949 Geneva Conventions and considers the influence of a wide scope of actors, ranging from States, the International Committee of the Red Cross, and international courts and tribunals through to expert groups, commissions of inquiry, and non-state armed groups. This volume also asks us to broaden our gaze beyond spaces where the law is traditionally created to uncover different types of making and unmaking

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

This book explores the emerging development of community-investor dispute prevention and facilitation mechanisms employed by multilateral and national development banks in the Asia Pacific region. In the decades since the development of the first accountability mechanisms were introduced, much has been learned about public consultation, community engagement and dispute prevention during the early stages of major infrastructure development programs. Drawing on case studies, project statistics and survey data, this book explores the achievements, challenges and lessons learned in community-investor dispute prevention and resolution in infrastructure projects in 12 states in the Asia Pacific region. Given the widescale impact of such projects, understanding how to advance consultation practices with local communities is necessary to realize the benefits of sustainable growth. This book allows readers to understand that localized decision-making channels, far from aggregating disputes, conversely provide a conduit to incorporate joint aspirations into project design such that disputes are avoided.

Dispute Prevention through Community Engagement in Infrastructure Development in the Asia Pacific

Cambridge Studies in International and Comparative Law

Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.

The Protection of Foreign Property 1922–1959

Making the World Safe for Investment

International and Comparative Law in the Asia Pacific

This book uses a comparative approach to analyse the current and potential changes in China's arbitration laws. By comparing the different stages of the arbitral process and the changes in policy towards international arbitration, it is possible to witness the determination and opening of the market by the Chinese government. The changes in attitude towards international arbitration also reflect a broader and more general policy shift towards a more arbitration-friendly state in a new era. While there are many introductions to arbitration law, this book focuses on Chinese practice, along with comparisons and interactions with other jurisdictions, including the Asia-Pacific region, Hong Kong SAR, Singapore, Australia and the United Kingdom. This part also shows how litigation, arbitration, mediation and their hybrid dispute resolution have been significantly reformed and developed in the context of China's opening up. In addition to examining arbitration procedures and rules, this part of the book takes into account recent innovations and movements in new technologies and green arbitration, suggesting how China's advantages in online dispute resolution can be maximised in light of the campaign. By exploring both the theoretical framework of international arbitration and the practical consideration of the international consensus, this book aims to provide suggestions for future developments and adjustments for China to be more attractive in this highly competitive market. It will be an essential resource and an invaluable reference for scholars focusing on Chinese arbitration law, comparative and international dispute resolution, and the broader legal, institutional, political and cultural dimensions of dispute resolution development.

This book uses a comparative approach to analyse the current and potential changes in China's arbitration laws. By comparing the different stages of the arbitral process and the changes in policy towards international arbitration, it is possible to witness the determination and opening of the market by the Chinese government. The changes in attitude towards international arbitration also reflect a broader and more general policy shift towards a more arbitration-friendly state in a new era. While there are many introductions to arbitration law, this book focuses on Chinese practice, along with comparisons and interactions with other jurisdictions, including the Asia-Pacific region, Hong Kong SAR, Singapore, Australia and the United Kingdom. This part also shows how litigation, arbitration, mediation and their hybrid dispute resolution have been significantly reformed and developed in the context of China's opening up. In addition to examining arbitration procedures and rules, this part of the book takes into account recent innovations and movements in new technologies and green arbitration, suggesting how China's advantages in online dispute resolution can be maximised in light of the campaign. By exploring both the theoretical framework of international arbitration and the practical consideration of the international consensus, this book aims to provide suggestions for future developments and adjustments for China to be more attractive in this highly competitive market. It will be an essential resource and an invaluable reference for scholars focusing on Chinese arbitration law, comparative and international dispute resolution, and the broader legal, institutional, political and cultural dimensions of dispute resolution development.

A Comparative Study

The Modernization and Reform of International Arbitration in the People’s Republic of China

The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. 

By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

Bringing together the biggest names in the contemporary investment arbitration scene, this book offers a comprehensive study of the international investment award from a holistic perspective.

The Award in International Investment Arbitration

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules.The book compares these five sets of rules by theme, addressing the role played by institutions; commencing the arbitration, formation and challenge of the Arbitral Tribunal; expedited and emergency procedures; conduct of the arbitration; powers of the tribunal; awards and orders; costs; and conduct and ethics. Each chapter contains a critique and commentary on the approach adopted by each institution, addressing the limitations of each set of rules whilst offering drafting tips and practical guidance for users and practitioners. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

Routledge International Handbooks

This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws to dispute resolution.The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past 20 years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law.Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.

Routledge Handbook on Transnational Commercial Law

Austrian Yearbook on International Arbitration 2025

Eckart Brödermann

Björn Etgen

Article-by-Article Commentary

CIETAC Arbitration Rules 2024

China Arbitration Yearbook

As China takes an increasingly pivotal role in global capital allocation, the Valuation Adjustment Mechanism (VAM), known in China as “duidu”, has become a widely used investment instrument and a vital bridge for investors and enterprises. Understanding its operational logic within China's evolving legal framework is essential for practitioners worldwide.
Combining cutting-edge theory with rich localized practice, this book analyzes hundreds of arbitration and litigation cases, covering performance commitments, IPO guarantees, and buyback arrangements, to reveal how courts and tribunals reason in VAM disputes, offering guidance from clause design and risk identification to dispute resolution.
Aimed at investors, lawyers, corporate counsel, arbitrators, and researchers in the Chinese market, it helps practitioners mitigate risks, optimize deal structures and terms, and devise dispute strategies, while giving arbitrators and scholars empirical analysis balancing theory and practice.

VAM Practice and Dispute Resolution

Invest in China

Construction Practice Series

International Contractual and Statutory Adjudication

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