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International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide Publisher: Oxford University Press (Oceana Publications) (September 2005) Authors Noah D. Rubins (2), Freshfields Bruckhaus Deringer, Paris, France, and N. Stephan Kinsella, Applied Optoelectronics, Inc., Houston, Texas Oceana Product Listing brochure book reviews Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk, Kinsella & Comeaux (Dobbs Ferry, New York: Oceana Publications, 1997) Oceana Product Listing book reviews An important resource for anyone who is trying to understand the uncertain balance between the needs of sovereign governments, the interests of investors, and international law constraints... This book is an excellent reference work and should be included in any library that claims to have a 'good' international business collection. --Holly A. Lakatos, Director of Public Services, Chicago-Kent College of Law Library, March 1, 2006, Legal Information Alert (PDF version). The full review is here. The proliferation of arbitration proceedings conducted on the basis of BITs, and in particular the auspices of ICSID, naturally led to an increase of publications addressing this issue and the changing landscape of arbitration over the last years. Books dealing with this issue are often commentaries, basic introductions to the procedure of investment arbitration or reviews of investment awards. The present book is different. It integrates the important issue of dispute resolution into the broader scope of international investment, explains the risks, in particular the political risk, associated with international investment and the legal framework of investment protection at large. It thus broadens the perspective of the reader and allows him to see beyond the everyday issues of the interpretation of the effect of an umbrella clause or the meaning of fair and equitable treatment in a BIT by placing these specific issues into a broader context and showing their interaction with others. ... This book is not a lightweight and does not make for good bedtime-reading. Not being a classic law book, it is a guide which should find its place on the shelf of the person dealing with foreign investment who is interested to explore the various aspects of foreign investment and political risk in their broader context and with a particular emphasis on the legal aspects of this field. This will include, but not be limited to, the issue of dispute resolution. It is thereby well-suited for beginners in the area of investment arbitration attempting to find their way around a relatively new area of law as it covers the relevant issues comprehensively without getting lost in a degree of detail which will be the next step on the ladder of investment protection. The authors described their goal as to write a guide which would “enable the investor to appreciate the risks associated with government interference in property rights, to minimize those risks and deal effectively with their consequences. But we also hope to promote understanding within host governments about investors’ expectations and concerns, to allow them to avoid conflict and maximize the benefits of foreign direct investment for their countries and constituencies.” The authors succeeded and thereby made a valuable contribution to exploring this topic. --Anne K. Hoffmann, Python & Peter; forthcoming in Arbitration International N° 3, 2007 The full review is here. "a classical treatise. ... It is noteworthy and commendable that--unlike so many other contemporary writers--the authors try to give a neutral and unbiased overview over diverging awards and disputed issues. ... It is a timely book. In their introduction, the authors state: 'we hope to provide the non-specialist lawyer, business person, or government official with the tools necessary to understand the international law of investment and its relationship to political risk'. They have managed to do so, and done even more. First, they successfully combined what would be three separate books (on structuring of investment, international law on investment protection and dispute settlement) in their own right. Second, they provide a coherent and--despite the necessary brevity--in-depth discussion of all relevant issues. Even minor points such as pre-dispute settlement negotiations, or the problem of pre-investment expenditures as investments, are dealt with comprehensively.... In doing so, the authors never become lost in academic debate, but always keep the perspective of the practitioner. These features make the book not only an excellent introduction and comprehensive overview about the state of the law of investment protection, but also a valuable reference tool for anyone experienced in the field. It is to be recommended to anyone who wishes to gain an insight into the topics under discussion or only needs a reference guide to current law and practice. The quality of the analysis ensures that the book will not lose its value even if the law continues to develop. For both academics and practitioners active in investment arbitration, it must be considered indispensable. .... These books [IIPR plus a casebook on foreign investment disputes] are like sea chart maps which allow the reader to navigate on the vast sea of information constituted by papers, awards and court cases during the last 100 years. Even the experienced sailor will and should not leave harbour without such sea charts." --Dr. Richard Happ, litigation & arbitration department, Luther Law Firm in Hamburg, Germany (from a 2006 book review, German Arbitration Journal (SchiedsVZ), Issue 5/2006) I've been reading through your book International Investment, Political Risk and Dispute Resolution. It is a remarkably helpful, well-written, and well-researched work. It is quite scholarly and at the same time a thoroughly practical and useful guide." --Alexandre de Gramont, Crowell & Moring LLP "Oh No – not another book on investment arbitration !" might be one's first response but, if so, a wrong one; while "I couldn't put it down" is a time-honoured publisher's cliché, it genuinely applies to this book. The book is a collaboration between a well-known international arbitration lawyer (Rubins) and the General Counsel (Kinsella) of AOL, the internet services company [sic: Kinsella works for AOI, a laser manufacturer], and therefore avoids the tendency dryness that can infect some over-specialist academic tomes. It is in three parts (i) Assessment and Pre-Investment Management of Political Risk (ii) The International Law Framework of Investment Protection and Political Risk and (iii) Dispute Resolution – these three parts total 442 pages; there are also extensive (300 pages) appendices (see below) and a reasonably-comprehensive index Your reviewer has approached this book wearing two main alternating hats: first, that of an international arbitrator closely involved with the investment arbitration world and, secondly, that of the former Head of Legal and Group Insurance Manager (including Political Risk) of a large oil company. So far as this book is concerned, both hats are very comfortable. Part I is, perhaps for the specialist, sometimes a little too general but this is reflected in the wide range of matters covered, typically in a succinct and clear style so that even in specialist areas your reviewer welcomed the authors' analysis since, as a minimum, it helps the reader reassess his/her thoughts and priorities; for example, the list of definitions (at page 34ff) of BT/BOT/BLT/BOO/BOOT/BTO is useful clarification. The authors' analysis (page 53ff) of stabilisation clauses proved most welcomely succinct with a clarity and precision sadly lacking in a recent (and turgid) PhD thesis on this topic for which your reviewer was External Examiner. Part II changes up a gear and includes some excellent material e.g. a thorough yet succinct section on the nationality of claims (135ff), and an interesting analysis of arbitral decisions (250ff). Part III is, so far as arbitration and dispute resolution are concerned, and quite properly in context, focussed wholly on investment and other international arbitration issues including 56 pages on procedure forming a compact and useful summary. There is also a useful 40-page chapter on conciliation including even a section on Med-Arb. Part III continues in that higher gear with interesting sections on "Preliminary Treaty Concerns" (272ff), "Problem Areas" (297ff) and "Challenge of Awards" (353ff); these were a pleasure to read. Throughout the book, the materials are well-integrated and very much up-to-date as subscribers to OGEMID will recognise (but note that the authors' preface is dated August 2005 and the book published in 2005) Too many arbitration textbooks reproduce the same materials leading to much unnecessary duplication (the Arbitration Act 1996, ICC Rules, LCIA Rules etc etc appear far too often). This book includes materials I do not otherwise possess including the OPIC Contract of Insurance, the MIGA Contract of Guarantee, even a private insurance contract and the Foreign Sovereign Immunities Act (USA). The Washington Convention (1965), the UNCITRAL Model Law (1985) and the UNCITRAL Rules (1976) reappear as in so many texts. Most of these are easily available on the ICSID and UNCITRAL websites so a single page of URLs would be a more constructive approach. Importantly, there is an extensive and valuable list of book/article sources, such list not being otherwise readily available; you reviewer notes for the record that he discovered he had been cited only after completing this review ! The book reads well as regards literary style, generally easy on the eye and not overusing jargon; key issues are generally well-explained and, perhaps, we see the benefits of the collaboration between in-house Counsel and a practising lawyer at the sharp edge of modern developments. In conclusion, this book is valuable in its own right but, at a mere £90, must be considered a bargain. --Hew R. Dundas, ARBITRATION: The International Journal of Arbitration, Mediation and Dispute Management, the journal of the Chartered Institute of Arbitrators "The book is a tour de force. Rubins & Kinsella have written a first-rate study of one of the most vital areas of international law today. Notwithstanding its subtitle ("A Practitioner's Guide"), scholars as well as practicing attorneys will find this an invaluable guide to understanding the multifaceted adjudicatory regime for cross-border investment disputes." --William W. Park, R. Gordon Butler Scholar in International Law and Professor of Law, Boston University School of Law; General Editor, Arbitration International; Counsel to Ropes & Gray; former Vice-President, London Court of International Arbitration; publications include the casebook International Commercial Arbitration; International Chamber of Commerce Arbitration (3rd ed.); International Forum Selection; Income Tax Treaty Arbitration; and Arbitration of International Business Disputes: Studies in Law and Practice. "This book is comprehensive, well-written, and balanced. An admirable mixture of learned commentary and primary documents, it is portable, authoritative, and up-to-date. It is a distinctive and well-organized addition to exisiting reference works and will be of great value to practioners and academics who seek a dependable, balanced treatment of a range of legal and practical questions affecting foreign direct investment and dispute resolution." --Jack J. Coe, Jr., Professor of Law, Pepperdine University School of Law; author, Protecting Against the Expropriation Risk in Investing Aboard (Matthew Bender 1993); International Commercial Arbitration--American Principles and Practice (1997); NAFTA Chapter 11 Reports (with Brower and Dodge); vice-chairman, International Commercial Arbitration Committee, ABA International Law Section. "This book provides an excellent account of how legal techniques can be used to provide significant protections to foreign investment. Its comprehensive coverage, clarity of expression, and useful appendices will prove invaluable to the busy lawyer. It is one of those rare books that is valuable not only for practice but also for the law classroom." --Professor Dan Sarooshi, Professor of Public International Law, University of Oxford; Barrister, London; author of International Organizations And Their Exercise Of Sovereign Powers and The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of Its Chapter VII Powers APPENDIX XVII ONLINE RESOURCES Pertaining to International Investment, Political Risk and Dispute Resolution   The following is a list of links to various institutions, websites, services, and other resources pertaining to topics discussed throughout the text (Rubins & Kinsella, International Investment, Political Risk and Dispute Resolution (2005)). They are grouped according to the subject matter of a particular chapter, or under the general section if the link or information is of general applicability or applies to multiple chapters (some links are repeated for convenience). (Note: A periodically updated version of the resources and contacts below, with hyperlinks, is located at: www.KinsellaLaw.com/iipr.)   General Information   Links, Bibliographies & General ·        Electronic Information System for International Law (EISIL): www.eisil.org ·        Transnational Law Database (TLDB): http://tldb.uni-koeln.de ·        Bibliography on New Aspects of International Investment Law: www.ppl.nl/bibliographies/all/?bibliography=investment ·        European Journal of International Law—International Law Links: www.ejil.org/links (International Law-Related Websites) ·        Research Guide to International Law on the Internet (Massimo Magagni, University of Bologna): www2.spfo.unibo.it/spolfo/ILMAIN.htm (wide range of selected and annotated international law links) ·        ASIL Guide to Electronic Resources for International Law: www.asil.org/resource/home.htm (comprehensive international law guide, continuously updated and expanded) ·        OGEL (Oil-gas-energy law)—the Global Energy Law Portal: www.gasandoil.com/ogel ·        Europa/Eur-Lex: http://europa.eu.int/eur-lex/en (Portal to European law) ·        Thomas: US Legislation & Bills: http://thomas.loc.gov ·        KinsellaLaw General Law Links and Resources: www.KinsellaLaw.com/ip   International Investment ·        OECD, Checklist for Foreign Direct Investment Incentives 2003: www.oecd.org/dataoecd/45/21/2506900.pdf (a guide for policy makers on the liberalization of their home economy in order to attract further investment) ·        Glossary of Foreign Direct Investment Terms: www.imf.org/external/np/sta/di/glossary.pdf ·        OECD Working Papers on International Investment: www.oecd.org/document/29/0,2340,en_2649_34863_33870109_119684_1_1_1,00.html ·        Investment Claims: www.investmentclaims.com (links to foreign investment law instruments and jurisprudence) ·        OGEL (Oil-gas-energy law)—the Global Energy Law Portal: www.gasandoil.com/ogel ·        UNCTAD, Foreign Direct Investment database: http://www.unctad.org/Templates/Page.asp?intItemID=1923&lang=1 (statistics on foreign direct investment (FDI), with an interactive database for the aggregate figures and an electronic publication with the detailed information by country; the FDI database presents aggregate inflows, outflows, inward stocks and outward stocks of FDI for 196 reporting economies in an interactive format. Free access to the FDI database is available after filing in an automatic registration form) ·        UNCTAD, World Investment Report (2004): www.unctad.org/Templates/webflyer.asp?docid=5209&intItemID=3235&lang=1&mode=downloads   International Trade ·        WTO & GATT: www.wto.org ·        SICE: Foreign Trade Information System: www.sice.oas.org (the “Foreign Trade Information System” (SICE for short from its Spanish acronym—Sistema de Información al Comercio Exterior)—the information technology arm of the Trade Unit of the Organization of American States (OAS). Provides information and documents on trade in the Western Hemisphere). ·        UNCITRAL (United Nations Commission on International Trade Law): www.uncitral.org ·        UNCTAD (United Nations Conference on Trade and Development): www.unctad.org ·        Office of the United States Trade Representative: www.ustr.gov (US trade agreements and other documents)   Cases/Decisions ·        ICJ cases: www.icj-cij.org/icjwww ·        PCIJ cases: www.icj-cij.org/icjwww/idecisions/icpij ·        ICSID arbitral decisions: www.worldbank.org/icsid ·        European Court of Humans Rights cases: www.worldlii.org/eu/cases/ECHR ·        Project on International Courts and Tribunal (PICT): www.pict-pcti.org (a joint undertaking of the Center on International Cooperation, New York University, and the Centre for International Courts and Tribunals, University College London; contains information on, and links to, all existing international courts and tribunals. News archive updated daily.) ·        Investment Treaty Arbitration: http://ita.law.uvic.ca (access to all publicly available investment treaty awards; information and resources relating to investment treaties and investment treaty arbitration; and links to further resources) ·        Investment Claims: www.investmentclaims.com (links to foreign investment law instruments and jurisprudence) ·        US Supreme Court Cases: www.findlaw.com/casecode/supreme.html   Treaties (See also resources under the Chapter 6-7 heading, below) ·        Bilaterals.org: www.bilaterals.org (information about bilateral trade and investment agreements) ·        Multilaterals Project (Fletcher School of Law and Diplomacy, Tufts University): http://fletcher.tufts.edu/multilaterals.html (online access to a vast number of multilateral conventions and other international instruments, including texts of many global or regional treaties) ·        Office of the United States Trade Representative: www.ustr.gov (US trade ageements and other documents) ·        Europa, Eur-Lex: http://europa.eu.int/eur-lex/en (Portal to European law)   UN Resolutions & International Organizations ·        Charter of the United Nations (1945): www.un.org/aboutun/charter ·        ICSID Convention (Washington Convention) (1965): www.worldbank.org/icsid/basicdoc/basicdoc.htm ·        UN General Assembly Resolutions: www.un.org/documents/resga.htm ·        WTO & GATT: www.wto.org ·        UNCITRAL: www.uncitral.org ·        North American Free Trade Agreement (NAFTA): www.nafta-sec-alena.org; also: NAFTAClaims.com (a.k.a. NAFTALaw.org): www.naftaclaims.com (information about NAFTA investor-state dispute settlement and copies of recent NAFTA legal documents)   Publications/Journals Online ·        European Journal of International Law: www.ejil.org ·        CEPMLP Journal: www.dundee.ac.uk/cepmlp/journal/html/articles.html ·        OGEL (Oil-gas-energy law)—the Global Energy Law Portal: www.gasandoil.com/ogel   Information – by Chapter   Chapter 1: Political Risk   Political Risk and Related Services ·        The Economist Intelligence Unit, Country Risk Service and Country Reports: www.eiu.com ·        The PRS Group: www.prsonline.com ·        Control Risks Group: www.crg.com ·        Global Risk Assessments, Inc.: www.grai.com ·        Business Environment Risk Intelligence: www.beri.com ·        Country Risk ratings in the Euler Hermes Economic Outlook publication, which can be subscribed to (free) at www.eulerhermes.com/usa/en/news_publications/economic_outlook.html; Euler Hermes Weekly Country Risk Bulletin email subscription (free): www.eulerhermes.com/usa/en/news_publications/abo_bulletin_request_form.html; Euler Hermes ACI - Weekly Country Risk Newsletter: www.eulerhermes.com/usa/en/news_publications/country_risk_bulletin.html.   Other Information ·        Export.gov: www.export.gov/marketresearch.html (U.S. Dept. Commerce and other departments provide information on export promotion programs, regional market information, and international trade agreements) ·        BISNIS (Business Information Service for the Newly Independent States): www.bisnis.doc.gov   Chapter 2: Structuring Transactions to Minimize Political Risk ·        UNIDROIT Principles of International Commercial Contracts: www.unidroit.org/english/principles/contracts/main.htm ·        United Nations Convention On Contracts for the International Sale of Goods (1980) (CISG): www.cisg.law.pace.edu/cisg/text/cisg-toc.html ·        ICSID model clauses: www.worldbank.org/icsid/model-clauses-en/main-eng.htm   Chapter 3: Investment Insurance ·        Contact information for various national and other political risk insurers, including OPIC and MIGA, is contained in Appendix IX and available at the Berne Union’s list of members at: www.berneunion.org.uk/members.html#Berne%20Union%20members. Requests for information concerning private political risk insurance may be made through commercial insurance agents. ·        Multilateral Investment Guarantee Agency (MIGA): www.miga.org (political risk insurance) ·        MIGA, Annual Report 2004: www.miga.org/screens/pubs/annrep04/devthemes.htm ·        Australia: Export Finance and Insurance Corporation (EFIC): www.efic.gov.au/attachments/db/efi/60.pdf ·        Belgium, ONDD: The Belgian Export Credit Agency: www.ondd.be (political risk insurance); Its subsidiary NV Delcredere (in Dutch) or Ducroire SA (in French): www.delcredere.be or www.ducroire.be (insures Short Term Export Credit Insurance). ·        Germany, AuslandsGeschäftsAbsicherung der Bundesrepublik Deutschland (AGA): www.agaportal.de/en/index.html ·        Japan, Nippon Export and Investment Insurance (NEXI): www.nexi.go.jp ·        United Kingdom, Export Credits Guarantee Department (ECGD): www.ecgd.gov.uk ·        United States, Overseas Private Investment Corporation (OPIC): www.opic.gov ·        OPIC Program Handbook: www.opic.gov/pdf/publications/04_ProgramHandbook.pdf ·        OPIC complements the U.S. Agency for International Development (“USAID”), which finances projects primarily on a government-to-government basis. See ABOUT USAID, USAID History: www.usaid.gov/about_usaid/usaidhist.html ·        Berne Union: www.berneunion.org.uk   Chapter 4: State Responsibility and Remedies Under Customary International Law ·        Statute of the International Court of Justice (1945): www.icj-cij.org/icjwww/ibasicdocuments.htm ·        Vienna Convention on the Law of Treaties (1969): www.un.org/law/ilc/convents.htm ·        International Law Commission (ILC) Draft Articles on State Responsibility for Internationally Wrongful Acts (2001): www.un.org/law/ilc/archives/statfra.htm   Chapter 5: History and Development of the Customary International Law of Expropriation and Investment Protection ·        NAFTA: www.nafta-sec-alena.org; also: NAFTAClaims.com (a.k.a. NAFTALaw.org): www.naftaclaims.com ·        Guidelines on the Treatment of Foreign Direct Investment (Appendix I): http://www-wds.worldbank.org   Chapter 6: The Substantive Law of Contemporary International Investment Protection Regional Investment Treaties and General Information ·        UNCTAD: www.unctad.org ·        NAFTA: www.nafta-sec-alena.org; also: NAFTAClaims.com (a.k.a. NAFTALaw.org): www.naftaclaims.com ·        Energy Charter Treaty (ECT): www.encharter.org ·        ASEAN (Association of South East Asian Nations) Agreement for the Promotion and Protection of Investments in December 1987 (ASEAN Investment Agreement): www.aseansec.org/6462.htm ·        MERCOSUR: Protocol for the Reciprocal Promotion and Protection of MERCOSUR Investments: www.cvm.gov.br/ingl/inter/mercosul/coloni-e.asp (unofficial English translation) ·        International Law Commission (ILC) Draft Articles on State Responsibility for Internationally Wrongful Acts (2001): www.un.org/law/ilc/archives/statfra.htm ·        ILC Draft Rules On Most-Favoured-Nation Clauses (1978): www.un.org/law/ilc/texts/mfnfra.htm ·        American Society of Appraisers International Glossary of Business Valuation Terms: www.bvappraisers.org/glossary/glossary.pdf ·        UNCTAD, Trends in International Investment Agreements: An Overview (1999): www.unctad.org/en/docs/iteiit13_en.pdf ·        UNCTAD, World Investment Report (2004): www.unctad.org/Templates/webflyer.asp?docid=5209&intItemID=3235&lang=1&mode=downloads   Bilateral Investment Treaties ·        UNCTAD: comprehensive list of and text of BITs, with search engine: www.unctadxi.org/templates/DocSearch.aspx?id=779 ·        Bilateral Investment Treaties 1959-1999 (United Nations, New York and Geneva, 2000): www.unctad.org/en/docs/poiteiiad2.en.pdf (comprehensive list of BITs in force, by country) ·        ICSID’s comprehensive list of BITs in force (1959-1996): www.worldbank.org/icsid/treaties/treaties.htm ·        List of BITs in force among & between countries in the Free Trade Agreement of the Americas (FTAA): www.sice.oas.org/cp_bits/english99/listagrs.asp#Bilateral0Investment0Treaties ·        Texts of BITs in force with members of the FTAA: www.sice.oas.org/investment/bitindex_e.asp ·        Investment Agreements In The Western Hemisphere: A Compendium, Organization of American States, Trade Unit, Free Trade Area of the Americas, Negotiating Group on Investment: www.sice.oas.org/cp_bits/english99/compinv1.asp ·        Bilaterals.org: www.bilaterals.org (information about bilateral trade and investment agreements), and www.bilaterals.org/rubrique.php3?id_rubrique=29 (other info on BITs and lists of BITs concluded) ·        Multilaterals Project (Fletcher School of Law and Diplomacy, Tufts University): http://fletcher.tufts.edu/multilaterals.html (online access to a large number of multilateral conventions and other international instruments, including texts of many global or regional treaties) ·        Richard Happ’s arbitration website: Links to various country lists of BITs: www.happlaw.de/investmentarbitration/index.html ·        European BITs—links and info: www.bilaterals.org/rubrique.php3?id_rubrique=59, including: EU enlargement: BITs of EU accession candidates (Apr 2004): www.freshfields.com/practice/corporate/publications/pdfs/8215.pdf (a list of BITs of EU accession candidates by Freshfield Bruckhaus Deringer—namely, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia/Slovak Republic, Slovenia, Turkey) ·        Canada BIT program: International Trade Canada: www.dfait-maeci.gc.ca/tna-nac/reg-en.asp; Canada Model BIT (2004): www.dfaitmaeci.gc.ca/tna-nac/documents/2004-FIPA-model-en.pdf ·        France: www.finances.gouv.fr/pole_ecofin/international/investissement/investinter.html (overview of France’s bilateral investment treaty programme (in French)) ·        Germany: www.bilaterals.org/IMG/pdf/bilaterale-investitionsfoerderungs-und- schutzvertraege.pdf (Brief introduction to Germany’s BIT programme (in German) ·        Switzerland: www.admin.ch/ch/f/rs/0.97.html#0.975 (links to all BITs entered into by Switzerland (in French)) ·        United Kingdom BIT program (Investment Promotion and Protection Agreements (IPPAs)): www.dti.gov.uk/ewt/investment.htm; see also: www.dti.gov.uk/ewt/investment.htm (overview of the UK’s bilateral investment treaty programme) ·        United States BIT program: www.state.gov/e/eb/rls/fs/22422.htm; U.S. Model BIT (2004): www.ustr.gov/assets/Trade_Sectors/Investment/Model_BIT/asset_upload_file847_6897.pdf   Chapters 7-9: International Arbitration and Conciliation ·        International Centre for the Settlement of Investment Disputes (ICSID): www.worldbank.org/icsid ·        ICSID Convention: www.worldbank.org/icsid/basicdoc/partA-chap03.htm ·        ICSID Model Clauses: www.worldbank.org/icsid/model-clauses-en/main-eng.htm ·        Convention on the Recognition and Enforcement of Foreign Arbitral ·        Awards (1958) (New York Convention): www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html ·        UNCITRAL (United Nations Commission on International Trade Law): www.uncitral.org ·        UNCITRAL Arbitration Rules: www.uncitral.org/pdf/english/texts/arbitration/arb-rules/arb-rules.pdf ·        UNCITRAL Conciliation Rules: www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html ·        UNCITRAL Model Law on International Commercial Arbitration: www.uncitral.org/english/texts/arbitration/ml-arb.htm ·        UNCITRAL Notes on Organizing Arbitral Proceedings: www.uncitral.org/english/texts/arbitration/arb-notes.htm (reprinted in Appendix XV) ·        ICSID Rules of Procedure for Arbitration Proceedings: www.worldbank.org/icsid ·        ICSID Additional Facility Arbitration Rules: www.worldbank.org/icsid ·        ICSID Conciliation Rules: www.worldbank.org/icsid/basicdoc/partA-chap03.htm ·        International Chamber of Commerce (ICC): www.iccwbo.org ·        Guide to ICC ADR (2001): www.iccwbo.org/index_adr.asp ·        ICC Rules of Arbitration (1998): www.iccwbo.org/home/menu_international_arbitration.asp ·        LCIA (London Court of International Arbitration) Arbitration Rules (1998): www.lcia-arbitration.com ·        Stockholm Chamber of Commerce (SCC) Rules of the SCC Arbitration Institute (1999): www.sccinstitute.com ·        International Bar Association (IBA) Rules on the Taking of Evidence in International Commercial Arbitration: www.ibanet.org/publications/IBA_Guides_Practical_Checklists_Precedents_and_Free_Materials.cfm ·        United States Council for International Business (USCIB): www.uscib.org ·        American Arbitration Association (AAA): www.adr.org ·        AAA Rules of the International Centre for Dispute Resolution: www.adr.org/RulesProcedures ·        IBA (International Bar Association) Guidelines on Conflicts of Interest in International Arbitration: www.ibashop.e-mango.co.uk ·        IBA Rules on the Taking of Evidence in International Commercial Arbitration: www.ibanet.org/pdf/rules-of-evid-2.pdf ·        Transnational Dispute Management: www.transnational-dispute-management.com/ ·        International Arbitration Institute: www.iaiparis.com ·        Singapore International Arbitration Centre-Arbitration Rules: www.siac.org.sg/rules.htm ·        World Intellectual Property Organisation (WIPO) Arbitration Rules: http://arbiter.wipo.int/arbitration/rules/index.html ·        WIPO Mediation Rules: http://arbiter.wipo.int/mediation/rules/index.html ·        United States Uniform Mediation Act (2001): www.law.upenn.edu/bll/ulc/mediat/UMA2001.htm ·        Hong Kong International Arbitration Centre Mediation Rules: www.hkiac.org/pdf/en_mediation.pdf ·        Richard Happ’s Arbitration Links: www.happlaw.de (links to resources in the field of international commercial arbitration and investment arbitration) ·        International Commercial Arbitration: Locating the Resources – Revised, by Jean M. Wenger (LLRX): www.llrx.com/features/arbitration2.htm ·        Lovells International Arbitration Guide: http://graduates.lovells.com/LovellsArbitrationGuide (practical advice to businesses who use or could use arbitration to settle disputes; includes Introduction to Arbitration, Quick Guides, Arbitration Tools and Useful Links) ·        International Commercial Arbitration: Resources in Print and Electronic Format, Lyonette Louis-Jacques: www.lib.uchicago.edu/~llou/intlarb.html ·        Research Guide on Arbitration, Vanderbilt University: http://law.vanderbilt.edu/library/research/arbitration.html ·        Venezuelan Arbitration Committee: www.cvarbitraje.com ·        ICSID roster of conciliators for use in investor-State disputes: ·        www.worldbank.org/icsid/pubs/icsid-10/icsid-10.htm ·        UNCTAD Course on Dispute Settlement (41 modules): www.unctad.org/Templates/Page.asp?IntItemID=2102&lang=1 ·        Institute for Transnational Arbitration: www.cailaw.org/ita ·        A Practical Guide For Drafting International Arbitration Clauses, R. Doak Bishop: www.kslaw.com/library/pdf/bishop9.pdf   Chapter 10: Intervention of States in Investment Disputes ·        Foreign Claims Settlement Commission of the United States: www.usdoj.gov/fcsc ·        European Association of Political Consultants: www.eapc.com (consultants used by investors or host States to identify and gain access to the necessary individuals within the home State governmental structure, in order to present the party’s view of the dispute and induce the State to intervene (or refrain from intervening) accordingly)

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