Cover Image

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement.

Bibliographic Details
Main Author: Bungenberg, Marc.
Other Authors: Reinisch, August.
Format: eBook
Language:English
Published: Berlin, Heidelberg : Springer Berlin / Heidelberg, 2019.
Edition:2nd ed.
Series:European Yearbook of International Economic Law Series
Subjects:
Electronic books.
Online Access:Click to View
Table of Contents:
  • Intro
  • Preface
  • Contents
  • Abbreviations
  • Chapter 1: Executive Summary
  • 1.1 Preliminary Considerations Regarding the Establishment of the MIC/MIAM
  • 1.2 Organisational Structure
  • 1.3 Procedure of the MIC
  • 1.4 Applicable Law of the MIC
  • 1.5 Legal Remedies and Enforcement of MIC Decisions
  • 1.6 Establishment of a Standalone Multilateral Investment Appellate Mechanism (MIAM)
  • References
  • Chapter 2: Introduction
  • References
  • Chapter 3: Targets for the Reorganisation of the Investment Protection Regime
  • 3.1 Positive Effects of a New Approach
  • 3.1.1 Consistency of Decisions
  • 3.1.2 Greater Legitimacy
  • 3.1.3 Independence and Neutrality of Judges
  • 3.1.4 Lack of a Control Mechanism
  • 3.1.5 Cost Efficiency
  • 3.1.6 Access for SMEs
  • 3.1.7 Transparency
  • 3.1.8 Time Efficiency
  • 3.2 Advantages of the Two-Tiered MIC Option
  • References
  • Chapter 4: Design and Implementation of a Two-Tiered MIC
  • 4.1 Institutional and Procedural Design
  • 4.1.1 Members of an MIC
  • 4.1.2 Plenary Body
  • 4.1.2.1 Appointment of Judges Through the Plenary Body
  • Number of MIC Judges
  • Nomination of Candidate Judges
  • Screening Committee
  • Diversity Among Judges
  • 4.1.2.2 Adoption of Specific Secondary Rules
  • Adoption of Internal Procedural Rules, Budget etc.
  • Interpretation, Including Subsequent/Authentic Interpretation
  • Subsequent Increase of the Number of Judges
  • 4.1.2.3 Requirement of Majority for Decision Making
  • 4.1.2.4 Transparency in Proceedings of the Plenary Body
  • 4.1.2.5 Seat of the Plenary Body and Frequency of Meetings
  • 4.1.3 Judges at the MIC
  • 4.1.3.1 Full- or Part-Time Judges
  • 4.1.3.2 Qualification
  • 4.1.3.3 Independence
  • 4.1.3.4 Ethics
  • 4.1.3.5 Availability
  • 4.1.3.6 Remuneration
  • 4.1.3.7 Oath of Office
  • 4.1.3.8 Immunity
  • 4.1.3.9 Parallel Engagements.
  • 4.1.3.10 Appointment/Election by the Parties to the Agreement
  • 4.1.3.11 Duration of Appointment and Rotating Reappointment
  • 4.1.3.12 Decisions on Instances of Bias by Judges
  • 4.1.3.13 Termination of the Appointment
  • 4.1.3.14 Removal from Office
  • 4.1.4 President of the Court and Vice President of the Court
  • 4.1.5 Plenary Decisions, Chambers and Single Judges
  • 4.1.6 Appellate Mechanism
  • 4.1.7 Secretariat
  • 4.1.8 Advisory Centre
  • 4.2 The Complaints Procedure Before the MIC
  • 4.2.1 Jurisdiction of the MIC
  • 4.2.1.1 Membership of the Respondent State and of the Home State of the Investor in the MIC
  • 4.2.1.2 (Written) Consent to the Jurisdiction of the MIC
  • 4.2.1.3 Jurisdiction Ratione Personae
  • 4.2.1.4 Jurisdiction Ratione Materiae
  • 4.2.1.5 Jurisdiction Ratione Temporis
  • 4.2.1.6 Avoidance of Abuse of Process and Negative Admissibility Requirements
  • Dismissal of Inadmissible Claims and Claims Without Merit
  • No Jurisdiction over Political State-Owned Enterprises and Sovereign Wealth Funds
  • Avoiding Treaty Shopping
  • Denial of Benefits and Dismissal of Claims in Case of Corruption
  • 4.2.2 Relationship of the MIC to Other Courts and Arbitral Tribunals
  • 4.2.3 The Relationship with Domestic Courts
  • 4.2.4 The Relationship with Inter-State (Arbitration) Dispute Settlement
  • 4.2.5 General Procedure Before the MIC
  • 4.2.5.1 Compulsory Consultations?
  • 4.2.5.2 First Instance Procedure
  • The General Procedure
  • Proceedings Upon Application, Submission of a Claim and the Statement of Claim
  • Allocation of a Claim to a Chamber
  • Examination of Jurisdiction, Inadmissibility or Manifest Ill-Foundedness
  • Time Limits for the Submission of a Claim
  • Respondent
  • Determination of the Appropriate Respondent When International Organisations Enjoying Autonomous Legislative Powers and Their.
  • Right to Bring a Claim and Subject Matter of a Claim
  • Right To Be Heard Before the Court
  • Oral Proceedings and ``Free ́́Consideration of Evidence
  • Court Fees
  • Rules on Cost Allocation Schemes, Legal Funding and Legal Aid
  • Non-appearance Before the MIC and Default Judgments
  • Intervention and Hearings of Interested Third Parties
  • Experts
  • Withdrawal of a Claim
  • Statement of Reasons and Minority Opinions
  • Interim Measures and the Protection of the Claimantś Rights
  • Counterclaims
  • Mass Action
  • Finality and Legal Effects of Judgments
  • Legal Representation Before the Court
  • 4.2.5.3 Second Instance Procedure/Appeal
  • The General Procedure of Appeals
  • Duration of Proceedings
  • Scope of Review and Investigative Competence
  • Chamber or Plenary Decisions In This Sense, Alvarado Garzón (2019), p. 491.
  • Second Instance Judgments As Precedent?
  • 4.2.6 Consolidation of Pending Procedures at the MIC
  • References
  • Chapter 5: Applicable Law
  • 5.1 Applicable Substantive Law
  • 5.1.1 EU Law as Applicable Substantive Law?
  • 5.1.2 Uniform Interpretation of Standards of Protection
  • 5.1.2.1 Permanency of the Treaty Interpreters at the MIC
  • 5.1.2.2 Harmonising Interpretation Mandate
  • 5.1.3 Ensuring a Neutral and Objective Interpretation of Standards of Protection
  • 5.1.3.1 Clarification and Limitation of Investment Protection Standards in Investment Agreements
  • 5.1.3.2 Limiting the Mandate for Interpretation
  • 5.1.3.3 Authentic Interpretation by the Parties
  • 5.1.3.4 Composition of the MIC: Impartial and Independent Judges
  • 5.2 Applicable Procedural Law and Procedural Principles
  • 5.2.1 Transparency
  • 5.2.2 Efficiency
  • 5.2.3 Practice of Judicial Investigation and Limitation of the Subject Matter of the Dispute
  • References
  • Chapter 6: The Pronouncement of Decisions and Its Consequences.
  • 6.1 Legal Effects of Decisions of International Dispute Settlement Bodies
  • 6.2 Effects of Decisions of Investment Arbitral Tribunals
  • References
  • Chapter 7: Recognition and Enforcement of Decisions
  • 7.1 Decisions of the MIC as Arbitral Awards Within the Meaning of the ICSID Convention
  • 7.2 Decisions of the MIC as Arbitral Awards Within the Meaning of the New York Convention
  • 7.2.1 Voluntary Submission by the Parties
  • 7.2.2 Final and Binding Dispute Resolution
  • 7.2.3 Non-State Decision-Makers
  • 7.2.4 Arbitrator Selection by the Parties
  • 7.2.5 Foreign, Non-Domestic and Anational Awards
  • 7.2.6 Litigation Between Natural or Legal Persons
  • 7.2.7 MIC as a ``Permanent Arbitral Body ́́Under Article I Para. 2 NYC
  • 7.2.8 Reservation on ``Commercial Matters ́́Under Article I Para. 3 NYC
  • 7.3 Recognition and Enforcement of Decisions of the MIC
  • References
  • Chapter 8: Possibilities for the Establishment of an MIC and a Possible Connection to Existing Institutions and System Conform...
  • 8.1 Practical Implementation of the Establishment of an MIC
  • 8.2 Structuring the MIC as an International Organisation
  • 8.3 Connection to Existing Institutions
  • 8.4 Entry into Force of the MIC Statute Only with a Minimum Number of Members
  • 8.5 Establishment of MIC Jurisdiction by Explicit Modification of Existing and Future IIAs
  • 8.5.1 Conclusion of New IIAs and FTAs with Investment Chapters
  • 8.5.2 Renegotiation and Reform of Existing EU Economic Agreements
  • 8.5.3 Inclusion of ``IIA Networks ́́of the Member States in the Establishment of MIC Jurisdiction
  • 8.6 The MIC Statute as Opt-In Convention for the Modification of Existing IIAs
  • 8.6.1 The Standard Case: Consensus on the Establishment of MIC Jurisdiction
  • 8.6.2 Exceptional Cases: Jurisdiction of the MIC Even if the Home State of the Investor Is Not an MIC Member?.
  • 8.6.3 Jurisdiction of the MIC in Case of Multilateral IIAs
  • 8.6.4 Summary of the Establishment of MIC Jurisdiction
  • 8.7 Transitional Provisions and System Conformity of the MIC
  • 8.8 Working Language and Language of Proceedings at the MIC
  • 8.9 Cost Distribution in the New System
  • 8.10 Overview of the Necessary Agreements and Secondary Instruments
  • References
  • Chapter 9: Standalone Appeal Mechanism: ``Multilateral Investment Appeals Mechanism ́́(MIAM)
  • 9.1 Organisational Structure of the MIAM
  • 9.2 General Procedure of the MIAM
  • 9.3 Specific Issues
  • 9.3.1 Duration of Proceedings
  • 9.3.2 Scope of Examination and Investigative Jurisdiction
  • 9.3.3 Chamber and Plenary Decisions
  • 9.3.4 Decision on the Bias of Arbitrators in the Initial Arbitral Proceedings and MIAM
  • 9.3.5 Precedence Created by Second-Instance Judgments?
  • 9.4 Decisions Rendered by the MIAM
  • 9.5 Enforcement of MIAM Decisions
  • 9.6 Possibilities for Setting Up a MIAM
  • 9.6.1 Establishment as an Independent International Organisation
  • 9.6.2 Necessity of a Minimum Number of Members
  • 9.6.3 Establishment of MIAM Jurisdiction
  • 9.6.3.1 Establishment of MIAM Jurisdiction by Explicit Amendment of Existing Treaties and Through IIAs Concluded in the Future
  • 9.6.3.2 MIAM Statute as an Opt-in Convention to Amend Existing IIAs
  • 9.7 Transitional Provisions and System Conformity of a MIAM
  • 9.8 Working and Procedural Language of the MIAM
  • 9.9 Costs of the New System
  • 9.10 Overview of Necessary Agreements Etc.
  • References
  • Index (refers to page numbers).

Similar Items