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|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.|
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.
List of Editors. List of Contributors. Foreword.
CHAPTER 1: Cross-Fertilization and Reciprocal Opportunities: An Overview. Jorge A. Huerta-Goldman, Antoine Romanetti & Franz X. Stirnimann
CHAPTER 2: Protection of Investors in International Trade and Investment Regimes: A Practical Comparison. Naboth van den Broek.
CHAPTER 3: Jurisdictional Overlap in WTO Dispute Settlement and Investment Arbitration. Brooks E. Allen & Tommaso Soave.
CHAPTER 4A: Selecting the WTO Judges. Petros C. Mavroidis.
CHAPTER 4B: The Arbitrator Selection Process in International Commercial Arbitration. Simon Greenberg & Kristina Osswald.
CHAPTER 4C: Cross-cutting Observations on Composition of Tribunals. Jorge A. Huerta-Goldman, Antoine Romanetti & Franz X. Stirnimann.
CHAPTER 5: Experts in WTO and Investment Litigation. Yuka Fukunaga.
CHAPTER 6: The Use, Non-use and Abuse of Economics in WTO and Investment Litigation. Joost Pauwelyn.
CHAPTER 7: Searching for the Applicable Law in WTO Litigation, Investment and Commercial Arbitration. Rupert Reece, Alexis Massot & Marie-HťlŤne Bartoli.
CHAPTER 8A: National Treatment in WTO Litigation. Tania Parcero Herrera.
CHAPTER 8B: National Treatment in Investment Arbitration. Sabina Sacco & Můnica C. FernŠndez-Fonseca.
CHAPTER 8C: Cross-cutting Observations on National Treatment. Jorge A. Huerta-Goldman.
CHAPTER 9: Remedies in WTO Dispute Settlement and Investor-State Arbitration: Contrasts and Lessons. Thomas Sebastian & Anthony Sinclair.
CHAPTER 10: Moral Damages in Investment Arbitration, Commercial Arbitration and WTO Litigation. Bernd Ehle & Martin Dawidowicz.
CHAPTER 11: From Annulment to Appeal in Investor-State Arbitration: Is the WTO Appeal Mechanism a Model? Giorgio Sacerdoti & Matilde Recanati.
CHAPTER 12: Enforcement against States: Investment Arbitration and WTO Litigation. Petr PolŠöek & Sylvia T. Tonova.
CHAPTER 13A: The Allocation of Costs by Arbitral Tribunals in International Commercial Arbitration. Gustav Flecke-Giammarco.
CHAPTER 13B: The Allocation of Costs in International Commercial Arbitration, an Opportunity for WTO Dispute Settlement System? Anant Swarup.