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Since the beginning of the decade, international arbitral tribunals have struggled unsuccessfully to define the obligation of “fair and equitable treatment” required by the vast majority of the world's 2,600 bilateral investment treaties (BITs). Although by the end of 2008 more than fifty...
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The development of investment arbitration in contemporary international law has helped to consolidate access to justice … interest should not be counterbalanced by corresponding opportunities for access to justice and the availability of remedies … access to justice may be a unifying principle to afford protection, both at the substantive and procedural levels, to …
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The ability of foreign investors to choose international arbitration as a dispute resolution mechanism can create significant problems. Lack of coherence and discrimination regarding regulation can arise from the resolution of substantive issues, whereas concerns about transparency and fairness...
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