Showing 1 - 10 of 261,624
Persistent link: https://www.econbiz.de/10011536792
Persistent link: https://www.econbiz.de/10011536793
Persistent link: https://www.econbiz.de/10003918624
Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result of injury to “their” company, typically a loss in...
Persistent link: https://www.econbiz.de/10010230659
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor-state dispute...
Persistent link: https://www.econbiz.de/10011821957
to maintain international order in global economic governance. China poses a major challenge to the world economy by … has been remarkable. In 2010, China has become the world's second largest trader. Yet, China has been playing at best a … passive role and at worst a disruptive role with respect to the global trading system. This poses challenges for the world …
Persistent link: https://www.econbiz.de/10013144094
Persistent link: https://www.econbiz.de/10013539482