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- Dahlquist Cullborg, Joel, 1987-
(författare)
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The Use of “non-ICSID” Arbitration Rules in Investment Treaty Disputes : Domestic Courts, Commercial Arbitration Institutions and Arbitral Tribunal Jurisdiction
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This book studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction in investment treaty disputes. Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration and rules originally drafted for commercial arbitration. Whereas the ICSID system is intended as a “self-contained” convention-based regime, arbitration outside of ICSID is more diverse, in that national courts and commercial arbitral institutions sometimes play a role in the decision-making. This text studies the practice of these actors.The book is structured in the following way. First, the historic background to the use of “non-ICSID” rules is introduced. This introductory chapter shows that while investment treaties concluded in the 1960s and 1970s referred almost exclusively to ICSID arbitration, references to other rules increased in the 1980s. Two possible explanations are given for this general move away from ICSID as the sole available forum for treaty-based investment arbitration: the demonstration effect of the Iran-United State Claims Tribunal’s use of the UNCITRAL Rules, and the discontent following the first few ICSID annulment decision in the mid-1980s.Then, based on a review of arbitral awards challenged on jurisdictional grounds, it is demonstrated how domestic courts have exhibited different approaches to matters such as standard of review and treaty interpretation.A further chapter reviews the experience of the two most used commercial arbitration institutions – the ICC and the SCC – which occasionally have made decisions that influence the scope of individual arbitral tribunals’ jurisdiction. This practice is central in many investment disputes, but has never been the subject of systematic study. During the administration of arbitrations, the institutions have, for example, designated the place of arbitration and scrutinized draft jurisdictional awards. Furthermore, the way that the commercial arbitration rules are drafted influence tribunal jurisdiction. In this respect, the clearest example is the introduction of emergency arbitration in treaty-based cases.The book concludes by putting the studied experience in a larger perspective against the back-drop of mounting concerns against inconsistent decision-making in investment arbitration. It is suggested that when contemplating the drafting of future investment treaties, drafters ought to be cognizant of the jurisdictional implications of arbitrating treaty-based cases under non-ICSID rules.
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Forward! – Bперёд! – Framåt! : Essays in Honour of Prof Dr Kaj Hobér
- 2019
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- In August 2019 our dear friend and colleague Professor Dr Kaj Hobér retired from his position as a Professor of International Investment and Trade Law at the Faculty of Law at Uppsala University. In order to honor Kaj Hobér’s long time commitment to academia and his successful career as a lawyer and partner of Mannheimer Swartling, a group of friends and colleagues have come together to present a collection of essays in his honor.
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- Hobér, Kaj, 1952-
(författare)
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Arbitration of Energy Disputes Under the Energy Charter Treaty : Added Value for the Belt and Road Initiative
- 2019
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Ingår i: Journal of World Investment & Trade. - : Brill. - 1660-7112 .- 2211-9000. ; 20:2-3, s. 285-312
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Tidskriftsartikel (refereegranskat)abstract
- One of the objectives underlying the Belt and Road Initiative is to improve energy cooperation in areas such as energy infrastructure and exploration and development of energy resources. Most Central Asian States are situated along the Silk Road Economic Belt. At the same time those States are members of the Energy Charter Treaty. This treaty provides a multilateral framework for co-operation and investment protection in the energy sector. This contribution explores three aspects of the ECT (definition of investment and investor, dispute settlement and ECT jurisprudence, and energy transit) which could facilitate for China to achieve its energy objectives within the Belt and Road Initiative, were China to become a member of the ECT.
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- Dahlquist, Joel, 1987-
(författare)
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Investment Treaty Arbitration : Problems and Exercises
- 2018
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by eminent practitioner and academic Kaj Hobér, using a teaching structure proven to be successful. Key Features: • extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice • material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases• exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis.The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master’s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.
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The Uppsala Yearbook of Eurasian Studies I
- 2016. - 1
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- During the years 2003 - 2006 Uppsala University published the UppsalaYearbook of East European Law. For a number of reasons publication of theYearbook was discontinued after the 2006 issue.We are happy and proud to be able to resume publication of theYearbook, now with a broadened perspective. As the title, Uppsala Yearbookof Eurasian Studies, indicates the Yearbook now covers also other disciplinesthan law, in particular political science and economics. Given recentdevelopments in the Eurasian region this enlarged focus is increasinglyrelevant and important.In this first issue of the relaunched Yearbook we publish presentationsmade at a symposium devoted to Russia’s membership in the WTO, adevelopment of potentially great significance both to Russia and the rest ofthe world. The first issue also contains many other interesting contributions,including articles and notes dealing with Ukraine and the situation there.The developing relationship between Russia and Ukraine is an area that wewill continue to monitor and analyze.
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- Hobér, Kaj, 1952-
(författare)
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Selected Writings on Investment Treaty Arbitration
- 2013
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- This volume addresses several of the key issues concerning investment treaty arbitration, including state responsibility and attribution, expropriation, fair and equitable treatment and most-favored-nation treatment. It also deals with the review of investment awards by national courts and state immunity, as well as political risk insurance.
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- Hobér, Kaj, 1952-
(författare)
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International Commercial Arbitration in Sweden
- 2011
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- International Commercial Arbitration in Sweden offers comprehensive coverage and analysis of the principles, rules and legal aspects of international commercial arbitration in Sweden. Sweden has long been a leading centre for international arbitrations, particularly for disputes involving parties from the former Soviet Union, other Eastern European countries, and China. Special attention is paid to issues relating to the conflict of laws and further aspects of private and public international law.
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