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iai Series n°7 | Fifteen Years of NAFTA Chapter 11 Arbitration
About the book
Author(s): Emmanuel Gaillard, Frédéric Bachand
ISBN: 978-1-933833-76-7
Page Count: 316 pages
Published: September, 2011
© Juris Publishing
To purchase the book or an article from the book, please proceed with Juris Publishing.
The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009.
Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.
Table of contents
INTRODUCTION
Frédéric Bachand
PART I
THE BROADER CONTEXT
Is NAFTA Arbitration "International"
Thomas E. Carbonneau
NAFTA at Fifteen--A View from ICSID
Meg Kinnear
PART II
PROCEDURAL ISSUES
Local Remedies under NAFTA Chapter 11
William S. Dodge
Lessons of Chapter 11: Procedural Integrity and Systemic Integrity
Armand de Mestral
Judicial Review of NAFTA Chapter 11 Arbitral Awards
Henri C. Alvarez
PART III
SUBSTANTIVE ISSUES
Interpretive Powers of the Free Trade Commission and the Rule of Law
Gabrielle Kaufmann-Kohler
NAFTA Chapter 11 and the Environment: An Assessment after Fifteen Years
Andrea K. Bjorklund
The Future of NAFTA Chapter 11: The Next Fifteen Years
Luis González García
PART IV
THE STATES' PERSPECTIVES
NAFTA Chapter 11 at Fifteen: A Few Key Questions Resolved
Mark Feldman
Annexes
ANNEX 1: Relevant Provisions of the North American Free Trade Agreement
ANNEX 2: Notes of Interpretation of Certain Chapter 11 Provisions (NAFTA Free Trade Commission, July 31, 2001)
ANNEX 3: Statement of the Free Trade Commission on Non-Disputing Party Participation (October 7, 2003)
ANNEX 4: List of Participants to the Joint McGill-IAI Conference Held in Montreal on September 25, 2009
ANNEX 5: Table of Abbreviations
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