Forum Shopping in International Investment Law 978-3-16-155324-0 - Mohr Siebeck
Law

Björn P. Ebert

Forum Shopping in International Investment Law

Forum Planning, Forum Enhancement, and Facilitation of Procedure- Assessment and Limits -

[Forum Shopping im internationalen Investitionsschutzrecht.]

114,00 €
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cloth
ISBN 978-3-16-155324-0
available
Published in English.
Forum Shopping is a well-known phenomenon in almost every legal system, including international investment law. Björn P. Ebert examines various manifestations of forum shopping in international investment arbitration. The core issue concerns the legitimacy and legality of tactical manoeuvres that amount to forum shopping. The author analyses various manifestations of forum shopping separately and defines particular limitations to each manifestation.
Björn P. Ebert analyses forum shopping in international investment law. He focuses on investment treaty and investment contract arbitration, and concludes that forum shopping is legal and legitimate as long as it is not subject to particular limitations derived from applicable law. He assumes that forum shopping is generally a legitimate procedural technique that both parties to the dispute may employ in order to maximise the protection offered to international investment by international law. To validate the underlying thesis, the author analyses and differentiates between different manifestations of forum shopping. The main manifestations are categorised in three categories: forum planning, forum enhancement, and facilitation of procedure. Each category contains different forum shopping techniques. Björn P. Ebert examines and defines limitations for each category, as well as the manifestations of forum shopping that are assigned to them. He thereby addresses several issues of international investment arbitration that are essential to the perceived problem of forum shopping.
Authors/Editors

Björn P. Ebert studied law at the University of Tübingen; visiting scholar at the Lauterpacht Centre for International Law (University of Cambridge); 2017 PhD; currently serves as a law clerk at the District Court of Tübingen (Landgericht Tübingen).

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