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00000nam c2200205 c 4500
000001268932
20181024162305
181023s2018 ne b 000a engd
▼a 2018932430
▼a 9789004366480 (pbk.)
▼a 9004366482 (pbk.)
▼z 9789004366497 (ebk.)
▼z 9004366490 (ebk.)
▼a 248023
▼c 248023
▼d 248023
▼a K3830
▼b .F66 2018
▼a Fontanelli, Filippo.
▼a Jurisdiction and admissibility in investment arbitration:
▼b the practice and the theory/
▼d by Filippo Fontanelli.
▼a Leiden ;
▼a Boston, MA:
▼b Brill,
▼c c2018.
▼a vi, 193 p.;
▼c 24 cm.
▼a Brill research perspectives. International investment law and arbitration.
▼a Includes bibliographical references (p. 171-193).
▼a Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background.0The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.
▼a Investments, Foreign
▼x Law and legislation.
▼a Brill research perspectives.
▼p International investment law and arbitration.
▼a 강리원
▼b 강리원
▼a 단행본
▼a 346.092
▼b F681j
| 자료유형 : | 단행본 |
|---|---|
| ISBN : | 9789004366480 (pbk.) |
| ISBN : | 9004366482 (pbk.) |
| ISBN : | |
| ISBN : | |
| 개인저자 : | Fontanelli, Filippo. |
| 서명/저자사항 : | Jurisdiction and admissibility in investment arbitration: the practice and the theory/ by Filippo Fontanelli. |
| 발행사항 : | Leiden ; Boston, MA: Brill, c2018. |
| 형태사항 : | vi, 193 p.; 24 cm. |
| 총서사항 : | Brill research perspectives. International investment law and arbitration. |
| 서지주기 : | Includes bibliographical references (p. 171-193). |
| 요약 등 : | Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background.0The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility. |
| 일반주제명 : | Investments, Foreign -- Law and legislation. -- |
| 분류기호 : | 346.092 |
| 언어 | 영어 |
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