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International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice


ISBN13: 9789403535616
Published: September 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £169.00



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International Investment Protection of Global Banking and Finance is a comprehensive guide to international investment protection in the banking and finance sector, authored by acknowledged experts in the field of investor-State arbitration. It provides the first complete discussion of how international investment law applies to investors and investments in the sector. Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique kinds of political risk. This trailblazing book paves the way for the future consolidation of international investment protection as a critical tool for managing the political risk confronting global banking and finance.

Featuring expert guidance on the vital legal protections for cross-border finance and banking investments, along with exhaustive and up-to-date coverage of investor-State cases, the book crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector:

  • how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process
  • types of political risk that cross-border investments in the sector are likely to encounter
  • distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts
  • specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions
  • remedies available for violations of international investment protection
  • how monetary damages may be assessed for injury to banking and finance sector investments
  • the scope of financial services chapters included in certain free trade agreements
  • the protections available under domestic foreign investment laws, and
  • alternative sources of protection such as political risk insurance and investment contracts

Subjects:
Banking and Finance
Contents:
Preface
List of Abbreviations
Acknowledgments
CHAPTER 1: The Interplay of Global Banking and Finance and International Investment Protection
CHAPTER 2: International Banking and Finance: An Overview
CHAPTER 3: Political Risks Underlying Banking and Finance Disputes
CHAPTER 4: The International Investment Protection System: An Overview
CHAPTER 5: Jurisdiction and Admissibility: The Scope of Investment Protection
CHAPTER 6: Merits: The Substantive Content of Investment Protections for Global Banking and Finance
CHAPTER 7: Merits: The Application of Investment Protections in the Banking and Finance Sector
CHAPTER 8: Reparations: The Remedies for Violations of Investment Protections
CHAPTER 9: Special Instruments: Financial Services Chapters in Trade Agreements
CHAPTER 10: Special Instruments: Investment Protection in Domestic Legislation
CHAPTER 11: Optimizing Protection for Global Banking and Finance Investments
Bibliography
Table of Decisions
Table of Instruments
Index