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Investment Treaty Arbitration and International Law Volume 17


ISBN13: 9781944825775
Previous Edition ISBN: 9781944825713
Published: December 2024
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: Price on Application



This volume of Investment Treaty Arbitration and International Law contains the papers and proceedings of the 17th annual Juris Conference. It tackles four questions of systemic reform currently under consideration in various fora. The topics addressed in this book include:

  • Leaders in France, Germany, and Poland claimed withdrawal from the Energy Charter Treaty was necessary because the obligations were hindering efforts to combat anthropomorphic-driven climate change—Was this justification correct as a matter of international investment law?
  • Earlier this year, two judges in the District of Columbia issued seemingly contradictory opinions on the enforceability of intra-EU awards post-Achmea/Komstroy—which one was right and how do you think the District of Columbia Court of Appeals or SCOTUS would eventually decide?
  • Will investor-state mediation emerge as the preferred mechanism to resolve investor-state disputes? What are the pros and cons as opposed to investor-state arbitration?

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
PART I - LEADERS IN FRANCE, GERMANY, AND POLAND CLAIMED WITHDRAWAL FROM THE ENERGY CHARTER TREATY WAS NECESSARY BECAUSE THE OBLIGATIONS WERE HINDERING EFFORTS TO COMBAT ANTHROPOMORPHIC-DRIVEN CLIMATE CHANGE—WAS THIS JUSTIFICATION CORRECT AS A MATTER OF INTERNATIONAL INVESTMENT LAW?
CHAPTER 1 - Obligations of the Energy Charter Treaty: The Case for Necessary Withdrawal
Lauren Blanchard
CHAPTER 2 - The Energy Charter Treaty: The Case Against Withdrawal
Dominique S. Jones
CHAPTER 3 - Leaders in France, Germany, and Poland Claimed Withdrawal from the Energy Charter Treaty was Necessary Because the Obligations were Hindering Efforts to Combat Anthropomorphic-driven Climate Change—Was this Justification Correct as a Matter of International Investment Law? PANEL DISCUSSION
Ian Laird, Lauren Blanchard, Dominique S. Jones, Mélida Hodgson, Rahim Moloo, Caline Mouawad, Todd J. Weiler

PART II - EARLIER THIS YEAR, TWO JUDGES IN THE DISTRICT OF COLUMBIA ISSUED SEEMINGLY CONTRADICTORY OPINIONS ON THE ENFORCEABILITY OF INTRA-EU AWARDS POST-ACHMEA/KOMSTROY—WHICH ONE WAS RIGHT AND HOW DO YOU THINK THE DISTRICT OF COLUMBIA COURT OF APPEALS OR SCOTUS WOULD EVENTUALLY DECIDE?
CHAPTER 4 - Should U.S. Courts Enforce Arbitral Awards Issued Under International Investment Agreements Between EU Member States: The Case in Favor
Nika Madyoon
CHAPTER 5 - Should U.S. Courts Enforce Arbitral Awards Issued Under International Investment Agreements Between EU Member States: The Case Against
Tyler Jankauskas
CHAPTER 6 - Earlier this Year, Two Judges in the District of Columbia Issued Seemingly Contradictory Opinions on the Enforceability of Intra-EU Awards Post-Achmea/Komstroy—Which One Was Right and How do You Think the District of Columbia Court of Appeals or SCOTUS Would Eventually Decide? PANEL DISCUSSION
Martin Valasek, Nika Madyoon, Tyler Jankauskas, Preeti Bhagnani, Marinn Carlson, Charles T. Kotuby, Jr., Sarah Vasani

PART III - DID THE PARIS COURT OF APPEAL DECIDE THE JURISDICTIONAL QUESTION IN KIRAM ET AL V. MALAYSIA CORRECTLY?
CHAPTER 7 - The Paris Court of Appeal’s Jurisdictional Decision in Kiram et al v. Malaysia is Correct
Anika Havaldar
CHAPTER 8 - The Interpretation of Arbitration Agreements: The Value of Legal History
Ali Al-Karim and Josephine Gillingwater
CHAPTER 9 - Did the Paris Court of Appeal Decide the Jurisdictional Question in Kiram et al v. Malaysia Correctly? PANEL DISCUSSION
Michael Nolan, Anika Havaldar, Ali Al-Karim, Fahira Brodlija, Grant Hanessian, José Antonio Rivas
CHAPTER 10 - Keynote Address
Abby Cohen Smutny

PART IV - WILL INVESTOR-STATE MEDIATION EMERGE AS THE PREFERRED MECHANISM TO RESOLVE INVESTOR-STATE DISPUTES? WHAT ARE THE PROS AND CONS AS OPPOSED TO INVESTOR-STATE ARBITRATION?
CHAPTER 11 - Will Investor-State Mediation Emerge as the Preferred Mechanism to Resolve Investor-State Disputes: The Case for Mediation
Tom Whip and Marco de Sousa
CHAPTER 12 - Will Investor-State Mediation Emerge as the Preferred Mechanism to Resolve Investor-State Disputes: The Case for Arbitration
Rodrigo Aguilar Guízar
CHAPTER 13 - Will Investor-State Mediation Emerge as the Preferred Mechanism to Resolve Investor-State Disputes? What Are the Pros and Cons as Opposed to Investor-State Arbitration? PANEL DISCUSSION
Timothy Nelson, Marco de Sousa, Rodrigo Aguilar Guízar, Fahira Brodlija, Miriam Harwood, Justin M. Jacinto, Frauke Nitschke