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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
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
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
presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with … arbitration tribunals, and inter-state arbitration tribunals), the article concludes that incorporating arbitrators with …
Persistent link: https://www.econbiz.de/10012987636
The conclusion of the Transatlantic Trade and Investment Partnership (TTIP) constitutes a priority and key component of … key sector of export interest for the EU and thus completing agreements such as the TTIP or the Trade in Services … the regulatory philosophy governing the future regulation of global trade in services. With respect to TTIP, the EU …
Persistent link: https://www.econbiz.de/10012952938
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
Persistent link: https://www.econbiz.de/10013005072
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
The proposed Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States of …-state dispute settlement and argue that the TTIP will have discriminatory effects on at least some third countries. However …, regulatory councils are important ingredients of the deal as they guarantee that the TTIP will indeed influence the setting of …
Persistent link: https://www.econbiz.de/10010469280
Persistent link: https://www.econbiz.de/10010431394