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Political Dimensions of Investment Arbitration : ISDS and the TTIP Negotiations
Dietz, Thomas - 2015
The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and … of a political explanation of investment arbitration, we reconstruct the conflict about investor-state dispute settlement … (ISDS) in the negotiations on the Transatlantic Trade and Investment Partnership (TTIP). We argue that the competing …
Persistent link: https://www.econbiz.de/10013028423
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Investment treaties and shareholder claims : analysis of treaty practice
Gaukrodger, David - 2014
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
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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
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
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State-to-state dispute settlement and the interpretation of investment treaties
Gaukrodger, David - 2016
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
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Is Investor-State Dispute Settlement (ISDS) Superior to Litigation Before Domestic Courts? An EU View on Bilateral Trade Agreements
Bronckers, Marco - 2015
negotiations on a comprehensive free trade agreement (TTIP) between them. According to critics, ISDS unduly limits the policy space …
Persistent link: https://www.econbiz.de/10013015517
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Investment Treaty Arbitral Decisions as Jurisprudence Constante
Bjorklund, Andrea - 2008
compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …
Persistent link: https://www.econbiz.de/10012722319
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The Limits of Depoliticisation in Contemporary Investor-State Arbitration
Paparinskis, Martins - 2010
of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …
Persistent link: https://www.econbiz.de/10013135618
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Winning or losing in investor-to-state dispute resolution : the role of arbitrator bias and experience
Donaubauer, Julian; Neumayer, Eric; Nunnenkamp, Peter - 2017
When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...
Persistent link: https://www.econbiz.de/10011623186
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The economics of investor protection : ISDS versus national treatment : presented at CESifo Area Conference on Global Economy, May 2015
Kohler, Wilhelm; Stähler, Frank - 2016 - Version of February 16, 2016
This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate...
Persistent link: https://www.econbiz.de/10011431559
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Investor-state dispute settlement and multinational firm behavior
Schjelderup, Guttorm; Stähler, Frank - 2020
This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...
Persistent link: https://www.econbiz.de/10012271775