International and Domestic Arbitration in Switzerland


Author: Bernhard Berger,Franz Kellerhals
Publisher: Hart Pub Limited
ISBN: 9781782256410
Category: Law
Page: 884
View: 2953
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The previous editions of this book have established themselves among the leading authorities on Swiss arbitration law. This fully revised and amended third edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland. The book provides a comprehensive analysis of all relevant aspects of international and domestic arbitration in Switzerland, addressing all major issues, including the concept and sources of arbitration, arbitrability, the arbitration agreement, competence-competence and the autonomy of the arbitration agreement, the arbitral tribunal, the arbitral procedure, the arbitral award, setting aside proceedings against the award and the enforcement of arbitral awards, including the recognition and enforcement of foreign arbitral awards. Frequently referred to by the Swiss Federal Supreme Court in its case law, the book is an indispensable tool for legal scholars conducting an in-depth analysis of a controversial issue. At the same time, it is an invaluable and user-friendly source of information and reference for arbitration practitioners in Switzerland and abroad. The book's appendices contain useful additional materials, including a detailed table of cases and a most accurate translation of the provisions on arbitration of the Swiss Code of Civil Procedure and the Swiss Statute on Private International Law.

Practitioner's Handbook on International Arbitration and Mediation - Third Edition


Author: Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal
Publisher: Juris Publishing, Inc.
ISBN: 1933833750
Category: Law
Page: 1198
View: 3954
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The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

Practitioner's Handbook on International Arbitration and Mediation - Third Edition


Author: Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal
Publisher: Juris Publishing, Inc.
ISBN: 1933833750
Category: Law
Page: 1198
View: 9807
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The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

International Arbitration Law and Practice, Third Edition


Author: Mauro Rubino-Sammartano
Publisher: Juris Publishing, Inc.
ISBN: 1937518159
Category: Law
Page: 2072
View: 4444
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This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.

International Tax Primer


Author: Brian J. Arnold,Michael McIntyre
Publisher: Kluwer Law International
ISBN: 9041188983
Category: Business & Economics
Page: 185
View: 7181
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The international aspects of income taxation have become increasingly important as countries worldwide have become more economically integrated. International Tax Primer provides an introduction to the policies that countries seek to advance with their international tax rules, with numerous examples drawn from the practices of both developed and developing countries. It grew out of the authors' work with the OECD in conducting seminars on international tax for tax officials in countries emerging from the collapse of the Soviet Union. The book strikes a balance between the specific and the general by illustrating the fundamental principles and structure of international tax with frequent reference to actual practice in a variety of countries. Coverage includes: the role of the tax adviser; tax planning techniques; international double taxation; transfer pricing; anti-avoidance rules; tax treaties, including discussion of the OECD and UN Model Treaties; emerging issues, such as e-commerce and harmful tax competition.

International Arbitration Court Decisions


Author: Sigvard Jarvin,Annette Magnusson
Publisher: Juris Publishing, Inc.
ISBN: 1933833084
Category: Law
Page: 1386
View: 6056
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Arbitration Clauses for International Contracts - 2nd Edition


Author: Paul D. Friedland
Publisher: Juris Publishing, Inc.
ISBN: 1933833068
Category: Law
Page: 370
View: 8452
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"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

Qualified Domestic Relations Order Handbook


Author: Gary A. Shulman
Publisher: Aspen Publishers Online
ISBN: 0735559767
Category: Business & Economics
Page: 1168
View: 2398
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Widely recognized as the definitive work on the topic, Qualified Domestic Relations Order Handbook, written by Gary A. Shulman, turns the most confusing QDRO issues into clear answers and step-by-step guidelines. Drawing on years of experience, Shulman steers you past the QDRO pitfalls, with expert tips, drafting checklists, and even a special chapter on 29 areas of high liability risk. In this volume you'll find: Comprehensive model separation agreement language that you can incorporate directly into decrees to ensure that all of the QDRO issues are properly addressed Guidance on how to "revoke" a QDRO that has already been approved by the plan administrator Guidance on how to draft and administer child support QDROs Dozens of tips on how to detect potentially hazardous deficiencies in the "company model" QDRO Detailed instructions and models for dividing federal and state government plans Why waste time and risk costly errors by working with scattered resources and partial information? With the Handbook, you'll save time as well as trouble. It provides fast, definitive resolutions to all your QDRO questions. And because it's designed for both attorneys and plan administrators, it helps you anticipate questions throughout the entire drafting and approval process. That means less guesswork, fewer delays and most importantly, less liability exposure. Qualified Domestic Relations Order Handbook provides everything you need to draft or administer QDROs promptly and accurately, with a superb toolkit of resources for attorneys and administrators, including: 21 QDRO models for all types of plans and conditions Step-by-step drafting guidelines Model language for specific circumstances Model discovery letters for requesting retirement plan information Sample correspondence Drafting and compliance checklists Company policies and procedures manual Appendices of related statutory provisions And much more! Qualified Domestic Relations Order Handbook has been updated to include: A new discussion dealing with the impact of same-sex marriage on QDROs, including the recent Supreme Court decision and guidance offered by the IRS and DOL Revised model QDROs for defined contribution plans that clarify their intent and expedite the review process from the plan administrator's perspective, as well as address some substantive issues, such as vesting, plan loans, and continued jurisdiction of the courts A new discussion regarding the effect of the participant's vesting status under a "Defined Contribution" plan An updated model QDRO for dividing Employee Stock Ownership Plans ("ESOPs") A discussion of how plan administrators should treat the vesting status of plan participants in QDROs

Leading Arbitrators' Guide to International Arbitration - Third Edition


Author: Lawrence W. Newman,Richard D. Hill
Publisher: Juris Publishing, Inc.
ISBN: 1937518337
Category: Law
Page: 1200
View: 2644
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The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.

Practitioner's Handbook on International Commercial Arbitration


Author: Frank-Bernd Weigand
Publisher: OUP Oxford
ISBN: 0191579971
Category: Law
Page: 1848
View: 7397
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The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41


Author: Elliott Geisinger ,Elena Trabaldo – de Mestral
Publisher: Juris Publishing, Inc.
ISBN: 1937518485
Category:
Page: 372
View: 2698
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Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.

Arbitration in Switzerland

The Practitioner's Guide
Author: Manuel Arroyo
Publisher: Wolters Kluwer Law and Business
ISBN: 9789041133779
Category: Law
Page: 1518
View: 2705
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This incomparable book clearly shows practitioners how to navigate all the practical details of any kind of arbitration in any of the many venues located in Switzerland. Whether a dispute involves intellectual property, construction, trusts, sports, investment, or any of the other problem areas where arbitration promises the best resolution, arbitrators and the parties they represent will find all the information and guidance they need here. Included are such topics as the following (and much more), each covered in a variety of institutional and case-related contexts: conduct of the arbitration; interim measures, including those issued by emergency arbitrators; taking of evidence; parallel proceedings; multi-party and multi-contract arbitrations; multi-tiered and hybrid arbitration clauses; recognition and enforcement of awards, including grounds for refusal; setting aside of awards; and revision of awards. The book also draws on Switzerlandand’s large body of case law on arbitration, which substantially enhances reliability and predictability for foreign parties. There is every indication that Switzerland will continue to follow developments in international arbitration and take the needs of arbitration users into consideration in an environment of increased competition. Accordingly, there are few practitioners who will not welcome and benefit from this very practical and forward-looking book, written by Swiss arbitration practitioners for all practitioners.

Swiss Rules of International Arbitration - Second Edition


Author: Tobias Zuberbühler,,Christoph Müller,Philipp Habegger
Publisher: Juris Publishing, Inc.
ISBN: 1937518175
Category: Law
Page: 592
View: 377
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***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.

International Sales Law

A Guide to the CISG
Author: Ingeborg Schwenzer,Christiana Fountoulakis,Mariel Dimsey
Publisher: Bloomsbury Publishing
ISBN: 1782250069
Category: Law
Page: 842
View: 8439
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Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.

From the Local to the Global

Key Issues in Development Studies
Author: Gerard McCann,Stephen McCloskey
Publisher: Pluto Press (UK)
ISBN: 9780745334745
Category:
Page: 280
View: 9247
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In recent years the international development sector has found itself confronting new as well as persistent challenges to poverty eradication and the promotion of human rights. Climate change has loomed large as a crisis for development practitioners as well as environmentalists, with natural disasters occurring with increasing frequency and impacting severely on the most vulnerable in the global South. The ongoing financial crisis has created recurrent recessions in the global North, while causing budget lines to be reduced for development aid across the global South. "From The Local to the Global" highlights the extent to which the local and global are interconnected in today's globalised economy and questions the legitimacy of the neo-liberal model of development which propelled us into the crisis. This completely revised third edition takes stock of the international development environment as it embarks on new policy frameworks to confront new challenges. "From The Local to the Global" will continue to serve as an indispensable introduction to key development issues such as aid, debt, trade, migration, security, gender in development and climate change.

International Arbitration Review


Author: James H Carter
Publisher: Law Business Research Ltd.
ISBN: 1912377713
Category:
Page: 592
View: 5804
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The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP

Redfern and Hunter on International Arbitration


Author: Nigel Blackaby,Constantine Partasides,Alan Redfern,Martin Hunter
Publisher: Oxford University Press, USA
ISBN: 9780198714255
Category: Law
Page: 912
View: 3063
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This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration.This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law. New to this editionUpdated to incorporate reference to all of the latest significant developments in the field Contains substantive coverage of the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines Provides increased reference to international arbitral authority and practice from beyond Europe including China, India and the US

International Arbitration: Law and Practice in Switzerland


Author: Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher: Oxford University Press
ISBN: 0191669199
Category: Law
Page: 672
View: 9825
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This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Governmental Plans Answer Book


Author: Carol V. Calhoun,Cynthia L. Moore,Keith Brainard
Publisher: Aspen Publishers
ISBN: 9781454886082
Category: Law
Page: 372
View: 5533
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Governmental Plans Answer Book, Fourth Edition, provides in-depth coverage of these complex plans, which must satisfy federal laws as well as pension, investment, and other laws of the applicable state or local governments. It is the one resource that takes you step by step through all the aspects of plan administration and compliance in this demanding practice area. Governmental Plans Answer Book gives you the most relevant, current, and practice-oriented answers to the issues you face daily as you navigate the requirements and procedures involved in administering plans.

The International Law on Foreign Investment


Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 1108293611
Category: Law
Page: N.A
View: 8668
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Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.