Proof and the Burden of Proof in International Investment Law

This book explores international investment arbitration (IIA) using comparative analysis, addressing proof and burden of proof issues, and its role in international economic law.

Format: Hardback
Length: 236 pages
Publication date: 30 April 2022
Publisher: Springer Nature Switzerland AG

International investment arbitration (IIA) has earned the moniker "Antarctica" in the realm of international procedural law due to its unique characteristics and complexities. This comprehensive book delves into the world of international investment arbitration (IIA) through the lens of comparative analysis, offering valuable insights and answers to a range of pertinent questions.

In the first chapter, the book explores the historical background and evolution of international investment arbitration (IIA). It examines the various legal frameworks and institutions that have shaped the practice of IIA, including the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL), and the World Bank Group's International Finance Corporation (IFC). The chapter also sheds light on the key principles and doctrines that govern international investment arbitration (IIA), such as the principle of equal treatment, the most favorable nation principle, and the exhaustion of local remedies.

Chapter two delves into the key aspects of international investment arbitration (IIA). It examines the procedural framework of IIA, including the selection of arbitrators, the conduct of hearings, and the issuance of awards. The chapter also discusses the role of legal counsel in IIA and the challenges that arise in representing investors in international arbitration proceedings.

Chapter three explores the substantive aspects of international investment arbitration (IIA). It examines the types of disputes that can be brought under the purview of IIA, such as disputes related to foreign direct investment, intellectual property, and state-owned enterprises. The chapter also discusses the legal standards and remedies that apply in international investment arbitration (IIA), such as the standard of review, the remedy of annulment, and the remedy of damages.

Chapter four examines the role of international courts and tribunals in international investment arbitration (IIA). It discusses the impact of judgments and decisions of international courts and tribunals, such as the International Court of Justice (ICJ) and the World Trade Organization (WTO), on the practice of IIA. The chapter also explores the interplay between international investment arbitration (IIA) and other international legal frameworks, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the North American Free Trade Agreement (NAFTA).

Chapter five examines the challenges and criticisms faced by international investment arbitration (IIA). It discusses the perceived lack of transparency and accountability in IIA proceedings, the high costs associated with international arbitration, and the potential for bias and corruption in arbitral decisions. The chapter also explores the efforts made by various stakeholders to address these challenges and improve the effectiveness of international investment arbitration (IIA).

In conclusion, this book provides a comprehensive and insightful exploration of international investment arbitration (IIA). It offers valuable insights into the historical background, procedural framework, substantive aspects, and challenges of IIA. By employing a comparative analysis, the book sheds light on the unique characteristics of IIA and its role in the global economy. This book is a valuable resource for scholars, practitioners, and policymakers interested in understanding the complexities of international investment arbitration (IIA).

Weight: 541g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030963422
Edition number: 1st ed. 2022