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obligation of “fair and equitable treatment” required by the vast majority of the world's 2,600 bilateral investment treaties …
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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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