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Investing into North African Solar Power

A Legal Framework for Risk Management and Prospects for Arbitration

  • Book
  • © 2015

Overview

Authors:
  1. Robert Gömmel

    1. Engelsbach, Germany

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  • Provides an up-to-date examination of ICSID case law regarding the notion of investment under Art. 25(1) of the ICSID Convention in connection with a large-scale project
  • Provides an in-depth examination of all the possible requirements under Art. 25(1) of the ICSID Convention and develops a “worst case scenario” test
  • Outlines the setup of a Public Private Partnership (PPP) in the case of a large-scale solar thermal power plant in North Africa Offers guidelines for large-scale projects, taking into account investment and commercial arbitration case law and its acceptance within the Islamic world
  • Considers and evaluates the latest developments in the area of investment arbitration under European law Compares the five major arbitration institutions while considering the latest changes to their legal frameworks

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Table of contents (4 chapters)

  1. Front Matter

    Pages i-xix
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  2. Introduction

    • Robert Gömmel
    Pages 1-46

  3. Arbitration

    • Robert Gömmel
    Pages 47-132

  4. The Desertec Concept and the ICSID Convention

    • Robert Gömmel
    Pages 133-226

  5. Concluding Remarks

    • Robert Gömmel
    Pages 227-240
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About this book

This book investigates how a North African solar thermal power plant can be set up under the guidance of European investors (e.g. the Desertec Concept) as a Public Private Partnership (PPP). It outlines the importance of early awareness of contract-related risks, investment risks and dispute settlement, arguing that commercial and investment arbitration are the best tools for settling disputes regarding a large-scale solar thermal project. Furthermore, by comparing institutional and ad hoc arbitration, it shows that the former offers highly suitable support. The latest developments in the area of investment arbitration under EU law and the general acceptance of arbitration in Islamic countries are examined in particular. This book also demonstrates that a solar thermal power plant must meet certain requirements to be considered an investment. These requirements are examined in relation to Art. 25 of the International Centre for Settlement of Investment Disputes Convention (ICSID Convention) and respective case law. Overall, the book offers valuable guidelines for investors and host states on how to successfully implement large-scale solar thermal projects.

Authors and Affiliations

  • Engelsbach, Germany

    Robert Gömmel

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