Giulio Alvaro Cortesi
Proof and the Burden of Proof in International Investment Law
Proof and the Burden of Proof in International Investment Law
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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: Paperback / softback
Length: 236 pages
Publication date: 30 April 2023
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 emergence of IIA as a prominent mechanism for resolving investment disputes between foreign investors and host countries, highlighting its significance in promoting international investment and fostering economic growth.
The second chapter delves into the theoretical framework of international investment arbitration (IIA). It examines the legal principles and doctrines that govern the conduct of IIA proceedings, including the principles of treaty interpretation, international law, and domestic law. The chapter also discusses the role of arbitrators, the enforceability of awards, and the challenges faced by investors and host countries in the arbitration process.
The third chapter focuses on the evidence-gathering process in international investment arbitration (IIA). It examines the types of evidence that can be used in arbitration proceedings, such as documentary evidence, witness testimony, expert evidence, and cross-examination. The chapter also discusses the rules of evidence and the burden of proof in IIA, exploring how these principles are applied in practice.
In the fourth chapter, the book examines the role of international courts and tribunals in shaping the development of international investment arbitration (IIA). It discusses the influence of judgments and decisions of the International Court of Justice (ICJ) and the World Trade Organization (WTO) on the evolution of IIA rules and practices. The chapter also explores the interplay between international investment arbitration (IIA) and other international legal frameworks, such as bilateral investment treaties and free trade agreements.
The fifth chapter explores the broader implications of international investment arbitration (IIA) for international economic law. It examines the role of IIA in promoting investment stability, protecting foreign investors' rights, and fostering economic cooperation between countries. The chapter also discusses the challenges and opportunities that arise from the increasing use of IIA in global investment transactions.
In conclusion, this book provides a comprehensive and insightful exploration of international investment arbitration (IIA). It offers valuable insights into the historical background, theoretical framework, evidence-gathering process, role of international courts and tribunals, broader implications, and challenges faced by investors and host countries in the arbitration process. By examining these issues through a comparative analysis, the book contributes to the growing body of knowledge on international investment arbitration and its role in shaping the global investment landscape.
International investment arbitration (IIA) has emerged as a significant mechanism for resolving investment disputes between foreign investors and host countries, playing a pivotal role in promoting international investment and fostering economic growth. This comprehensive book delves into the world of 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 emergence of IIA as a prominent mechanism for resolving investment disputes between foreign investors and host countries, highlighting its significance in promoting international investment and fostering economic growth. The chapter also discusses the challenges faced by investors and host countries in the arbitration process, including the selection of arbitrators, the enforceability of awards, and the potential for political interference.
The second chapter delves into the theoretical framework of international investment arbitration (IIA). It examines the legal principles and doctrines that govern the conduct of IIA proceedings, including the principles of treaty interpretation, international law, and domestic law. The chapter also discusses the role of arbitrators, the enforceability of awards, and the challenges faced by investors and host countries in the arbitration process.
The third chapter focuses on the evidence-gathering process in international investment arbitration (IIA). It examines the types of evidence that can be used in arbitration proceedings, such as documentary evidence, witness testimony, expert evidence, and cross-examination. The chapter also discusses the rules of evidence and the burden of proof in IIA, exploring how these principles are applied in practice.
In the fourth chapter, the book examines the role of international courts and tribunals in shaping the development of international investment arbitration (IIA). It discusses the influence of judgments and decisions of the International Court of Justice (ICJ) and the World Trade Organization (WTO) on the evolution of IIA rules and practices. The chapter also explores the interplay between international investment arbitration (IIA) and other international legal frameworks, such as bilateral investment treaties and free trade agreements.
The fifth chapter explores the broader implications of international investment arbitration (IIA) for international economic law. It examines the role of IIA in promoting investment stability, protecting foreign investors' rights, and fostering economic cooperation between countries. The chapter also discusses the challenges and opportunities that arise from the increasing use of IIA in global investment transactions.
In conclusion, this book provides a comprehensive and insightful exploration of international investment arbitration (IIA). It offers valuable insights into the historical background, theoretical framework, evidence-gathering process, role of international courts and tribunals, broader implications, and challenges faced by investors and host countries in the arbitration process. By examining these issues through a comparative analysis, the book contributes to the growing body of knowledge on international investment arbitration and its role in shaping the global investment landscape.
Weight: 385g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030963453
Edition number: 1st ed. 2022
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