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International Investment Law

Arnaud de Nanteuil

This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
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Chapter 6: SETTLEMENT OF DISPUTES

Arnaud de Nanteuil

Extract

This chapter describes the settlement of disputes between investors and States. It focuses both on the institutional aspect (by describing the different institutions that may handle cases) and on procedure. All the steps of an arbitral proceeding are described, from the negotiation at the beginning of the dispute until the enforcement of the award. It covers all the aspects of the whole process, namely the obligation prior to the reference to the arbitral tribunal, preliminary steps (such as provisional measures), the conditions for the referral to the tribunal and the possible recourses against arbitral awards. The issue of counterclaims is also addressed, as well as enforcement and immunity issues.

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