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- Preliminary Material
- Main Text
- Part I Assessment and Pre-Investment Management of Political Risk
- Ch.1 Political Risk
- Ch.2 Structuring Transactions to Minimize Political Risk
- Ch.3 Investment Insurance
- Part II The International Law Framework of Investment Protection and Political Risk
- Ch.4 State Responsibility and Remedies Under Customary International Law
- A International Law in General
- B Can a Sovereign Restrict Its Future Actions?
- C State Responsibility
- E Exhaustion of Local Remedies
- F Nationality of Claims
- G Immunity of States from Jurisdiction
- Ch.5 History and Development of the Customary International Law of Expropriation and Investment Protection
- A History and Sources of the Law of Expropriation
- B Current State of the Law of Expropriation
- C Breach of Contract and Expropriation
- Ch.6 The Substantive Law of Contemporary International Investment Protection
- A Introduction
- B Investment Protection Treaties
- C The Substantive Protections of Investment Protection Instruments
- D Combination of Substantive Violations
- E Compensation for Breach
- F Conclusion
- Ch.4 State Responsibility and Remedies Under Customary International Law
- Part III Dispute Resolution and Political Risk
- Ch.7 Establishing Arbitral Jurisdiction
- Ch.8 Arbitration Procedure
- A Introduction
- B A Brief Overview of Prominent Arbitration Rules
- C Drafting the Arbitration Clause
- D Pre-Arbitration Procedures: The Notification of a Dispute
- E Request for Arbitration
- F Approval by Arbitral Institution
- G Default of a Party
- H Appointment of Arbitrators
- I Initial Session of the Tribunal
- J Written Submissions
- K Oral Argument
- L Award
- Ch.9 Conciliation of Investment Disputes
- A Mediation and Conciliation Defined
- B Potential Advantages of Conciliation
- C Contracting to Conciliate in Investment Disputes
- D Conciliation and Investment Treaties
- E The Hybrid Practice of Mediation-Arbitration
- F Choosing a Conciliator or Panel of Conciliators
- G Why Conciliation is Not More Frequently Used in Investment Disputes
- Ch.10 Intervention of States in Investment Disputes
- A Introduction
- B “Espousal” of Claims
- C Claims Before International Tribunals
- D Economic Sanctions
- E Invalidation of Title
- F Prohibitions Against the Use of Force
- G The Foreign Claims Settlement Act of the United States
- Part I Assessment and Pre-Investment Management of Political Risk
- Further Material
- Appendices
- Appendix I World Bank Guidelines
- Appendix II U.S. Model Bilateral Investment Treaty
- Appendix III Bilateral Investment Treaties—Selected Countries
- Appendix IV OPIC Contract of Insurance
- Art.I — Subject of Insurance and Exchange of Promises.
- Art.II — Inconvertibility — Scope of Coverage.
- Art.III — Inconvertibility — Amount of Compensation.
- Art.IV — Expropriation — Scope of Coverage.
- Art.V — Expropriation — Amount of Compensation.
- Art.VI — Political Violence — Scope of Coverage.
- Art.VII — Political Violence — Amount of Compensation.
- Art.VIII — Procedures.
- Art.IX — Investor's Duties.
- Art.X— Miscellaneous.]
- Appendix V OPIC Country and Areas List—Member States As of December 1, 2003
- Appendix VI MIGA Contract of Guarantee for Equity Investments
- Appendix VII MIGA Member States As of May 19, 2005
- Appendix VIII Sample Private Contract
- General Terms/Conditions Section 1
- Project Insurance Section 2
- Expropriatory Action Coverage
- Civil War And Insurrection Coverage
- Forced Project Relocation Coverage
- Valuation
- Special Exclusions
- Accounting Standards
- Partial Loss
- Debt Securities
- Constructive Total Loss
- Waiting Period Property Damage Provisions
- Forced Project Relocation Requirement
- Compensation in Local Currencies
- Limit of Liability, Deductible, and Coinsurance
- Key Personnel Insurance
- Expatriate Removal Coverage
- Transit Insurance Coverage
- Indigenous Key Personnel Expenses Coverage
- Valuation
- Special Exclusion Section 3
- Policy Exclusions Section 4
- Policy Definitions Section 5
- Appendix IX Berne Union Members
- Appendix X Washington Convention
- Appendix XI ICSID Member States List of Contracting States and other Signatories of the Washington (ICSID) Convention
- Appendix XII Foreign Sovereign Immunities Act
- s.1602 Findings and declaration of purpose
- s.1603 Definitions
- s.1604 Immunity of a foreign state from jurisdiction
- s.1605 General exceptions to the jurisdictional immunity of a foreign state
- s.1606 Extent of liability
- s.1607 Counterclaims
- s.1608 Service; time to answer; default
- s.1609 Immunity from attachment and execution of property of a foreign state
- s.1610 Exceptions to the immunity from attachment or execution
- s.1611 Certain types of property immune from execution
- Appendix XIII New York Convention
- Appendix XIV New York Convention Members As of July 2005
- Appendix XV UNCITRAL Notes on Organizing Arbitral Proceedings
- UNCITRAL Notes on Organizing Arbitral Proceedings
- Preface
- Introduction
- Purpose of the Notes
- Non-binding character of the Notes
- Discretion in conduct of proceedings and usefulness of timely decisions on organizing proceedings
- Multi-party arbitration
- Process of making decisions on organizing arbitral proceedings
- List of matters for possible consideration in organizing arbitral proceedings
- List of Matters for Possible Consideration in Organizing Arbitral Proceedings
- Annotations
- 1 Set of arbitration rules
- 2 Language of proceedings
- 3 Place of arbitration
- 4 Administrative services that may be needed for the arbitral tribunal to carry out its functions
- 5 Deposits in respect of costs
- 6 Confidentiality of information relating to the arbitration; possible agreement thereon
- 7 Routing of written communications among the parties and the arbitrators
- 8 Telefax and other electronic means of sending documents
- 9 Arrangements for the exchange of written submissions
- 10 Practical details concerning written submissions and evidence (e.g. method of submission, copies, numbering, references)
- 11 Defining points at issue; order of deciding issues; defining relief or remedy sought
- 12 Possible settlement negotiations and their effect on scheduling proceedings
- 13 Documentary evidence
- (a) Time-limits for submission of documentary evidence intended to be submitted by the parties; consequences of late submission
- (b) Whether the arbitral tribunal intends to require a party to produce documentary evidence
- (c) Should assertions about the origin and receipt of documents and about the correctness of photocopies be assumed as accurate
- (d) Are the parties willing to submit jointly a single set of documentary evidence
- (e) Should voluminous and complicated documentary evidence be presented through summaries, tabulations, charts, extracts or samples
- 14 Physical evidence other than documents
- 15 Witnesses
- 59
- (a) Advance notice about a witness whom a party intends to present; written witnesses' statements
- (b) Manner of taking oral evidence of witnesses
- (i) Order in which questions will be asked and the manner in which the hearing of witnesses will be conducted
- (ii) Whether oral testimony will be given under oath or affirmation and, if so, in what form an oath or affirmation should be made
- (iii) May witnesses be in the hearing room when they are not testifying
- (c) The order in which the witnesses will be called
- (d) Interviewing witnesses prior to their appearance at a hearing
- (e) Hearing representatives of a party
- 16 Experts and expert witnesses
- 17 Hearings
- (a) Decision whether to hold hearings
- (b) Whether one period of hearings should be held or separate periods of hearings
- (c) Setting dates for hearings
- (d) Whether there should be a limit on the aggregate amount of time each party will have for oral arguments and questioning witnesses
- (e) The order in which the parties will present their arguments and evidence
- (f) Length of hearings
- (g) Arrangements for a record of the hearings
- (h) Whether and when the parties are permitted to submit notes summarizing their oral arguments
- 18 Multi-party arbitration
- 19 Possible requirements concerning filing or delivering the award
- UNCITRAL Notes on Organizing Arbitral Proceedings
- Appendix XVI UNCITRAL Model Law on International Commercial Arbitration
- UNCITRAL Model Law on International Commercial Arbitration
- Explanatory Note by the UNCITRAL Secretariat on the Model Law on International Commercial Arbitration
- 1
- 2
- 3
- A Background to the Model Law
- B Salient Features of the Model Law
- Explanatory Note by the UNCITRAL Secretariat on the Model Law on International Commercial Arbitration
- UNCITRAL Model Law on International Commercial Arbitration
- Appendix XVII Online Resources
- General Information
- Information—by Chapter
- Ch.1: Political Risk
- Chapter 2: Structuring Transactions to Minimize Political Risk
- Ch.3: Investment Insurance
- Ch.4: State Responsibility and Remedies Under Customary International Law
- Ch.5: History and Development of the Customary International Law of Expropriation and Investment Protection
- Ch.6: The Substantive Law of Contemporary International Investment Protection
- Ch.7-9: International Arbitration and Conciliation
- Ch.10: Intervention of States in Investment Disputes
- Table of Authorities
- Index
- Appendices
- [3.238.94.194]
- 3.238.94.194
