Settlement of Foreign Investment Disputes (eBook)

Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey.The Settlement of Foreign Investment Disputes treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.M. Sornarajah, currently Professor of Law at the National University of Singapore, is a highly respected authority in the field. The British Yearbook of International Law said that his well-known book The International Law on Foreign Investment 'deserves to be a classic.'Contents:1. Introduction. 2. Nature of the Foreign Investment Contract. 3. The Nature and Causes of Foreign Investment Disputes. 4. State Contracts and Foreign Investment Disputes. 5. Negotiated Settlements of Foreign Investment Disputes. 6. Arbitration of Foreign Investment Disputes: The Historical Setting. 7. Jurisdiction and Arbitration. 8. Theory of Internationalisation of Foreign Contracts. 9. The Award and Its Enforcement. 10. The International Court of Justice and Other International Tribunals. 11. Litigation of Foreign Investment Disputes Before Domestic Courts.Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey.The Settlement of Foreign Investment Disputes treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.M. Sornarajah, currently Professor of Law at the National University of Singapore, is a highly respected authority in the field. The British Yearbook of International Law said that his well-known book The International Law on Foreign Investment 'deserves to be a classic.'Contents:1. Introduction. 2. Nature of the Foreign Investment Contract. 3. The Nature and Causes of Foreign Investment Disputes. 4. State Contracts and Foreign Investment Disputes. 5. Negotiated Settlements of Foreign Investment Disputes. 6. Arbitration of Foreign Investment Disputes: The Historical Setting. 7. Jurisdiction and Arbitration. 8. Theory of Internationalisation of Foreign Contracts. 9. The Award and Its Enforcement. 10. The International Court of Justice and Other International Tribunals. 11. Litigation of Foreign Investment Disputes Before Domestic Courts.