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International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice by ATTANASIO

International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice

By Arif H. Ali, David L. Attanasio
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Overview

About this book:

International Investment Protection of Global Banking and Finance is a comprehensive guide to international investment protection in the banking and finance sector, authored by acknowledged experts in the field of investor-State arbitration. It provides the first complete discussion of how international investment law applies to investors and investments in the sector. Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique kinds of political risk. This trailblazing book paves the way for the future consolidation of international investment protection as a critical tool for managing the political risk confronting global banking and finance.

What’s in this book:

Featuring expert guidance on the vital legal protections for cross-border finance and banking investments, along with exhaustive and up-to-date coverage of investor-State cases, the book crystallizes a set of field-specific legal principles for the sector.  In particular, the authors address the following practical aspects of investment protection in the banking and finance sector:

  • how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process;
  • types of political risk that cross-border investments in the sector are likely to encounter;
  • distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts;
  • specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions;
  • remedies available for violations of international investment protection;
  • how monetary damages may be assessed for injury to banking and finance sector investments;
  • the scope of financial services chapters included in certain free trade agreements;
  • the protections available under domestic foreign investment laws; and
  • alternative sources of protection such as political risk insurance and investment contracts.

How this will help you:

International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors and sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help to ensure appropriate international protection for the banking and finance sector, both when establishing investments and when resolving disputes. 

 

Publish Date 09/09/2021
Product Line Kluwer Law International
ISBN 9789403535616
SKU 10091020-0001
Table of Contents

About the Authors

Preface

List of Abbreviations

Acknowledgments

CHAPTER 1
The Interplay of Global Banking and Finance and International Investment Protection

CHAPTER 2
International Banking and Finance: An Overview

CHAPTER 3
Political Risks Underlying Banking and Finance Disputes

CHAPTER 4
The International Investment Protection System: An Overview

CHAPTER 5
Jurisdiction and Admissibility: The Scope of Investment Protection

CHAPTER 6
Merits: The Substantive Content of Investment Protections for Global Banking and Finance

CHAPTER 7
Merits: The Application of Investment Protections in the Banking and Finance Sector

CHAPTER 8
Reparations: The Remedies for Violations of Investment Protections

CHAPTER 9
Special Instruments: Financial Services Chapters in Trade Agreements

CHAPTER 10
Special Instruments: Investment Protection in Domestic Legislation

CHAPTER 11
Optimizing Protection for Global Banking and Finance Investments

Bibliography

Table of Decisions

Table of Instruments

Index

Volumes