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129 results

Page 1 of 7

  • Schreuer's Commentary on the ICSID Convention
  • A Commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
  • 3rd edition
  • General editor Stephan W. Schill
  • Edited by Loretta Malintoppi, August Reinisch, Christoph H. Schreuer, Anthony Sinclair
  • Coming soon
  • Expected online publication date: September 2021
  • Print publication: 30 September 2021
  • View description
    This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
  • 1 - Expropriation
  • August Reinisch, Christoph Schreuer
  • Book: International Protection of Investments
  • Published online: 13 July 2020
  • Print publication: 16 July 2020, pp 1-250
  • View extract

    Summary

    Neither Contracting Party shall take any measures depriving, directly or indirectly, investors of the other Contracting Party of their investments unless the following conditions are complied with: (a) the measures are taken in the public interest and under due process of law; (b) the measures are not discriminatory or contrary to any undertaking which the former Contracting Party may have given; (c) the measures are accompanied by provision for the payment of just compensation. Such compensation shall represent the real value of the investments affected and shall, in order to be effective for the claimants, be paid and made transferable, without undue delay, to the country designated by the claimants concerned in any freely convertible currency accepted by the claimants.

International Protection of Investments
  • International Protection of Investments
  • The Substantive Standards
  • August Reinisch, Christoph Schreuer
  • Published online: 13 July 2020
  • Print publication: 16 July 2020
  • View description
    This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

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