Maximilian Clasmeier's Books

Arbitral Awards as Investments

Treaty Interpretation and the Dynamics of International Investment Law

By: Maximilian Clasmeier

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Arbitral Awards as Investments

Treaty Interpretation and the Dynamics of International Investment Law

By: Maximilian Clasmeier

The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions: - What is the foundation of interpretation in public international law and when is it adequately carried out? - Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? - Is there a trend of convergence of commercial and investment arbitration? - Do respective interpretative outcomes stem from adequate interpretation? - What are the ramifications, if interpretation is not fully adequate? - What are the feasible routes to greater interpretive discipline? The book is mindful of the underlying public international law principles, such as state sovereignty and the increasing legal and political dynamics of international investment law. This is the first in-depth treatise on arbitral awards’ qualification as investments within international investment law. Its detailed analysis of the interpretive approaches, their foundation and consequences will, from a theoretical and practical point of view, prove of great value to international tribunals, counsel and sovereign entities. Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.

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Page Count

265

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041183582

ISBN 13

9789041183583

Third-Party Effects of Arbitral Awards

Res Judicata Against Privies, Non-mutual Preclusion and Factual Effects

By: Maximilian Pika

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Third-Party Effects of Arbitral Awards

Res Judicata Against Privies, Non-mutual Preclusion and Factual Effects

By: Maximilian Pika

The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.

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Page Count

637

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9403512652

ISBN 13

9789403512655

Arbitral Awards as Investments

Treaty Interpretation and the Dynamics of International Investment Law

By: Maximilian Clasmeier

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Arbitral Awards as Investments

Treaty Interpretation and the Dynamics of International Investment Law

By: Maximilian Clasmeier

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

265

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041183582

ISBN 13

9789041183583

Book's by Maximilian Clasmeier

Arbitral Awards as Investments

Arbitral Awards as Investments

Third-Party Effects of Arbitral Awards

Third-Party Effects of Arbitral Awards

Arbitral Awards as Investments

Arbitral Awards as Investments

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