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Arbitration has been the most sought after option not merely in domesticarbitration, but also that of international … arbitration. Moreover, with theboom of international trade, more disputes have arisen, with most partiesopting for arbitration for … dispute resolution. There is a growing reference ofdisputes of International Commercial Arbitration to …
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international investment arbitration – in the context of an alleged violation by a host state of the relevant investment treaty or …
Persistent link: https://www.econbiz.de/10012954443
This paper offers the first detailed English-language analysis of international investment arbitration law and practice ….Part 3 outlines the first two treaty-based claims filed against Thailand, especially the 2009 arbitration award in favour …. However, Part 3 also examines cases where the Thai government has been subject to arbitration claims under concessions or …
Persistent link: https://www.econbiz.de/10012993627
Contrary to the numerous accounts of fragmentation in investment arbitration case law, this Article shows that the case … law depicts a high degree of cohesion. The Article argues that jurisprudence in investment arbitration is stabilized by … legitimacy and the future of investment arbitration away from fragmentation to the main principles that have guided the …
Persistent link: https://www.econbiz.de/10014264419
dispute resolution, e.g. claims for damages that can be submitted to arbitration, political (incentive) effect of BITs, other … in investment dispute resolution (alternatives to arbitration and arbitration). At the end from perspective of …
Persistent link: https://www.econbiz.de/10013046716
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Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …
Persistent link: https://www.econbiz.de/10013027159
Arbitrators in investment treaty arbitration have not been reluctant to express their views on the access to … international arbitration, provided for in dispute settlement clauses in investment treaties, as forming a part of substantive … arbitration as a substantive right of investors amounts to law-making, effected by requalifying procedural rules as substantive …
Persistent link: https://www.econbiz.de/10012988183
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