عنوان

From bilateral arbitral tribunals and investment courts to a multilateral investment court :

(Number (ISBN

3030011895

(Number (ISBN

9783030011895

Erroneous ISBN

3030011887

Erroneous ISBN

9783030011888

Title Proper

From bilateral arbitral tribunals and investment courts to a multilateral investment court :

General Material Designation

[Book]

Other Title Information

options regarding the institutionalization of investor-state dispute settlement /

First Statement of Responsibility

Marc Bungenberg and August Reinisch.

Place of Publication, Distribution, etc.

Cham, Switzerland :

Name of Publisher, Distributor, etc.

Springer,

Date of Publication, Distribution, etc.

[2018]

Date of Publication, Distribution, etc.

©2018

Specific Material Designation and Extent of Item

1 online resource

Series Title

European yearbook of international economic law. Special issue

Text of Note

Includes bibliographical references.

Text of Note

Intro; Preface; Contents; List of Abbreviations; Chapter 1: Executive Summary; 1.1 Preliminary Considerations Regarding the Establishment of the MIC/MIAM; 1.2 Organisational Structure; 1.3 Procedure of the MIC; 1.4 Applicable Law of the MIC; 1.5 Legal Remedies and Enforcement of MIC Decisions; 1.6 Establishment of a Standalone Multilateral Investment Appellate Mechanism (MIAM); References; Chapter 2: Introduction; References; Chapter 3: Targets for the Reorganisation of the Investment Protection Regime; 3.1 Positive Effects of a New Approach; 3.1.1 Consistency of Decisions.

Text of Note

3.1.2 Greater Legitimacy3.1.3 Independence and Neutrality of Judges; 3.1.4 Lack of a Control Mechanism; 3.1.5 Cost Efficiency; 3.1.6 Access for SMEs; 3.1.7 Transparency; 3.1.8 Time Efficiency; 3.2 Advantages of the Two-Tiered MIC Option; References; Chapter 4: Design and Implementation of a Two-Tiered MIC; 4.1 Institutional and Procedural Design; 4.1.1 Members of an MIC; 4.1.2 Plenary Body; 4.1.2.1 Appointment of Judges Through the Plenary Body; Number of MIC Judges; Nomination of Candidate Judges; Screening Committee; Diversity Among Judges; 4.1.2.2 Adoption of Specific Secondary Rules.

Text of Note

4.1.3.10 Appointment/Election by the Parties to the Agreement4.1.3.11 Duration of Appointment and Rotating Reappointment; 4.1.3.12 Decisions on Instances of Bias by Judges; 4.1.3.13 Termination of the Appointment; 4.1.3.14 Removal from Office; 4.1.4 President of the Court and Vice President of the Court; 4.1.5 Plenary Decisions, Chambers and Single Judges; 4.1.6 Appellate Mechanism; 4.1.7 Secretariat; 4.1.8 Advisory Centre; 4.2 The Appeals Procedure Before the Two-Tiered MIC; 4.2.1 Jurisdiction of the MIC.

Text of Note

4.2.1.1 Membership of the Respondent State and of the Home State of the Investor in the MIC4.2.1.2 (Written) Consent to the Jurisdiction of the MIC; 4.2.1.3 Jurisdiction Ratione Personae; 4.2.1.4 Jurisdiction Ratione Materiae; 4.2.1.5 Jurisdiction Ratione Temporis; 4.2.1.6 Avoidance of Abuse of Process and Negative Admissibility Requirements; Dismissal of Inadmissible Claims and Claims Without Merit; No Jurisdiction over Political State-Owned Enterprises and Sovereign Wealth Funds; Avoiding Treaty Shopping; Denial of Benefits and Dismissal of Claims in Case of Corruption.

Text of Note

Adoption of Internal Procedural Rules, Budget etc. Interpretation, Including Subsequent/Authentic Interpretation; Subsequent Increase of the Number of Judges; 4.1.2.3 Requirement of Majority for Decision Making; 4.1.2.4 Transparency in Proceedings of the Plenary Body; 4.1.2.5 Seat of the Plenary Body and Frequency of Meetings; 4.1.3 Judges at the MIC; 4.1.3.1 Full- or Part-Time Judges; 4.1.3.2 Qualification; 4.1.3.3 Independence; 4.1.3.4 Ethics; 4.1.3.5 Availability; 4.1.3.6 Remuneration; 4.1.3.7 Oath of Office; 4.1.3.8 Immunity; 4.1.3.9 Parallel Engagements.

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Text of Note

This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The "feasibility study" presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.--

Source for Acquisition/Subscription Address

Springer Nature

Stock Number

com.springer.onix.9783030011895

Title

From bilateral arbitral tribunals and investment courts to a multilateral investment court.

International Standard Book Number

9783030011888

Dispute resolution (Law)

Investments, Foreign-- Law and legislation.

Arbitration, mediation & alternative dispute resolution.

Dispute resolution (Law)

International economic & trade law.

Investments, Foreign-- Law and legislation.

LAW-- Administrative Law & Regulatory Practice.

Public international law.

LAW-- 001000

Number

Edition

Class number

Book number

Bungenberg, Marc

Reinisch, August

Date of Transaction

20200823072704.0

Cataloguing Rules (Descriptive Conventions))

pn

Electronic name

[Book]

Y