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Law » Arbitration Law » Arbitration

 
WTO Litigation, Investment Arbitration, and Commercial Arbitration

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WTO Litigation, Investment Arbitration, and Commercial Arbitration

Authors :

Jorge A. Huerta-Goldman
David A. Dubofsky

ISBN :

9789041146861

Publisher :

Kluwer Law International Netherland

Imprint :

Kluwer Law International

Cover Price :

€ 150.00

CD Included :

No

Pages :

440

Binding :

Hardback

Publication Year :

2013

   

WTO Litigation, Investment Arbitration, and Commercial Arbitration

This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including:
management of parallel proceedings and role of politics and ‘pressure points’ within host governments;
selection and appointment of arbitrators, panels and Appellate Body members;
use of experts and economics;
search of the applicable law;
interpretation of the national treatment principle and other substantive standards and legal tests;
methods of redressing ‘moral damage’;
regimes of review, appeals and annulment;
enforcement systems of awards, implementation of WTO law and other legal remedies; and
allocation of costs.
In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.


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