This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especial...

Ausführliche Beschreibung

Bibliographische Detailangaben

Hauptverfasser:	Saravanan, A. (VerfasserIn), Subramanian, S.R (VerfasserIn)
Format:	Elektronisch E-Book
Sprache:	English
Veröffentlicht:	Singapore Springer Singapore 2020
Schlagworte:	Mediation Dispute resolution (Law) Conflict management Private international law Conflict of laws International law
Online-Zugang:	UER01 BTU01 Volltext
Zusammenfassung:	This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword: "One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like..." - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA.
Beschreibung:	Introduction -- International legal framework relating to the protection of foreign investment -- Interactions between domestic courts and investment arbitration tribunals -- India's approach to the protection of foreign investment -- Interactions between Indian courts and investment arbitral tribunals
Beschreibung:	1 Online-Ressource (XXXV, 187 Seiten) Illustrationen
ISBN:	9789811570100
DOI:	10.1007/978-981-15-7010-0