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T his comprehensive two-volume set is a collection of determinations from OPIC, the
US governmental political risk insurance provider, in the form of its Memoranda of
Determinations from 1966 through to 2010.
This reference work is the first to make the underlying primary material available to the investment law, political risk, and academic communities. The authors have made the claims determinations more accessible with the inclusion of headnote summaries for all determinations.
The determinations reflect the decisions of OPIC under US and international law and therefore have a significant impact on its future claims determinations. They reveal what types of claims have been honored for expropriation, political violence or convertibility/ transferability restrictions. Worldwide users of political risk insurance will find this collection invaluable in understanding what events are and are not in fact covered, and deciding whether to obtain insurance coverage. These OPIC determinations will also contribute to the development of arbitral jurisprudence regarding government actions that are alleged to be in violation of investment protections found in investment treaties and investment law. They are additionally of interest in the context of the presentation and determination of future OPIC claims and decision making by other political risk insurance providers.
UNRIVALED COVERAGE
A complete collection of OPIC decisions unavailable in any other single resource
EASE OF NAVIGATION AND RESEARCH
Includes an exhaustive analytical index to aid navigation of the content
COMPREHENSIVE AND
RELIABLE INFORMATION
Headnote summaries collate key information such as the date, petitioner, host country, contract or guarantee number, OPIC contract type, the nature of the claim, the amount of the claim, and the relief allowed www.
/us
“OPIC’s formal determinations are an important part of the jurisprudence of international investment law but until now they have been largely inaccessible. This series, with its clear organization and lucid commentaries, will be an indispensable tool for scholars and practitioners.”
—Professor W. Michael Reisman,
Yale Law School
2011
Hardcover (Two Volume Set)
1,872 pages
978-0-19-959685-0
$850.
00 / $680.
00
“The editors are to be complemented for their contribution to a better understanding of the most essential dynamic of investment insurance coverage -the determination of claims by the insurer, at one of the most important investment insurers in the global industry.”
—Barry Metzger, Partner, Baker & McKenzie
“OPIC has the institutional experience of resources to engage with the relevant legal principles at a level of sophistication which is occasionally superior to that of some states. When presented by three co-editors of this eminence, these volumes are a publishing event of importance.”
—Jan Paulsson, Freshfields Buckhaus Deringer
“A treasure trove of thoughtful analysis on inconvertibility, political violence, and expropriation issues.”
—Frederick E. Jenney, Partner, Project Finance
& Development Group, Morrison &
Foerster LLP, Washington D.C.
|
!
currently serves as an arbitrator, as well as teaching as an Adjunct
Professor at the Georgetown University Law
Center. He is also Senior Research Fellow at the
Vale Columbia Center for Sustainable International
Investment and Editor in Chief of Transnational
Dispute Management , the online journal. Mr.
Kantor is a member of the Board of Directors of the American Arbitration Association and
Vice-Chair of the D.C. Bar International Dispute
Resolution Committee.
is a partner of Milbank,
Tweed, Hadley & McCloy LLP. He has represented clients and served as arbitrator in arbitrations under AAA, ICC, ICSID, UNCITRAL and other rules and is consistently listed in Euromoney Guide,
Experts in Commercial Arbitration, and Chambers
USA for international arbitration. He teaches as an
Adjunct Professor at the Georgetown University
Law Center and is a member of the Board of
Directors of the American Arbitration Association and of the Panel of ICSID Arbitrators and the
General Counsel of the Intellectual Property
Owners Association. Mr. Nolan is a graduate of
Harvard College and of the University of Chicago
Law School.
is the Senior Research
Scholar and Lecturer in Law at Columbia Law
School, Co-Director of the Millennium Cities
Initiative, and Guest Professor at Nankai University,
China. Before that, he was Director of UNCTAD’s
Investment Division. In 2006, he was elected an
Honorary Fellow of the European International
Business Academy.
Fredric Sourgens, Associate, Milbank, Tweed,
Hadley & McCloy LLP in Washington DC
Lisa E. Sachs, Assistant Director of the Vale
Columbia Center of Sustainable International
Investment
Sean Newell, Attorney-Advisor with the United
States Department of Justice
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