Showing 1 - 10 of 12
This first comprehensive empirical study on provisional measures in investment treaty arbitration examines more than a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers an insight into how international tribunals treat applications for...
Persistent link: https://www.econbiz.de/10012858533
Persistent link: https://www.econbiz.de/10012895329
The protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the...
Persistent link: https://www.econbiz.de/10012898800
An English version of this paper can be found at 'http://ssrn.com/abstract=2865717 ' http://ssrn.com/abstract=2865717 Japanese Abstract:...
Persistent link: https://www.econbiz.de/10012964960
The International Centre for Settlement of Investment Disputes is an intergovernmental organisation at the core of the system of investor-state dispute settlement (ISDS). ICSID is busier than ever with the number of cases pending at its historical maximum. However, the legitimacy of the system...
Persistent link: https://www.econbiz.de/10012836594
This Article highlights the problem of bribery in resolving commercial disputes with Russian parties and shows how bribery can potentially affect arbitration proceedings. Russia’s accession to the OECD Anti-bribery Convention prompted a number of legislative changes, which strengthened...
Persistent link: https://www.econbiz.de/10014168023
This report examines the trends and practices of annulment committees on key issues such as the success rate of annulment applications, the most frequently invoked annulment grounds, the length and costs of annulments proceedings. It also provides an in-depth analysis on how tribunals approach...
Persistent link: https://www.econbiz.de/10014087893
This study examines over 400 investor-State cases conducted under ICSID, UNCITRAL and other arbitration rules, and over 70 ICSID annulment decisions, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of...
Persistent link: https://www.econbiz.de/10014088418
English abstract: States increasingly compete for arbitration users because it helps them to offload the courts, create business opportunities for domestic lawyers and serviced related to law (experts, interpreters, witnesses, conference organizers, hospitality industry). Foreign law firms also...
Persistent link: https://www.econbiz.de/10014088817
This paper identifies the essential differences between public and private adjudication and their implications for legitimacy of dispute resolution institutions, the rule of law and facilitation of private ordering. Public adjudication comes at a significant cost for the taxpayers but helps...
Persistent link: https://www.econbiz.de/10014088868