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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
Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration … the foundations of arbitration communities on a regional, let alone global, level. However, this eventually occurred in …, might fall for corruption; criminologically, it suggests that arbitration as a dispute-resolution mechanism can find itself …
Persistent link: https://www.econbiz.de/10014357561
In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...
Persistent link: https://www.econbiz.de/10013239831
bribery can potentially affect arbitration proceedings. Russia’s accession to the OECD Anti-bribery Convention prompted a … laws of other jurisdictions recognise the concept of separability of arbitration agreement. In other words, even if the … underlying contract is void or terminated, the arbitration agreement in most cases remains in force and allows a tribunal to …
Persistent link: https://www.econbiz.de/10014168023
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This paper highlights the salient features of the new International Arbitration Act 2008, in force in Mauritius. It … universe of international arbitration …
Persistent link: https://www.econbiz.de/10013117148
possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
When an arbitrator in an institutional arbitration is challenged for lacking independence or impartiality, most of the …, the London Court of International Arbitration has published digests of challenge decisions that have been sanitized, that …
Persistent link: https://www.econbiz.de/10013090588
Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...
Persistent link: https://www.econbiz.de/10012844239