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The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
Persistent link: https://www.econbiz.de/10013225306
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The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
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approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …
Persistent link: https://www.econbiz.de/10011821957
participation in the mechanism. This paper presents statistical evidence of how Latin-American countries have been very active in …
Persistent link: https://www.econbiz.de/10010326762
participation in the mechanism. This paper presents statistical evidence of how Latin-American countries have been very active in …
Persistent link: https://www.econbiz.de/10009427153
Even though the World Trade Organization (WTO) ensures equal access to the dispute settlement system, the legal process is still highly costly, an aspect that primarily affects poorer developing countries. It is feared that this imbalance discourages developing countries from filing and...
Persistent link: https://www.econbiz.de/10011457396
The aim of this paper is to explore the interactions between international economic law and civil society. The starting point is to analyse the role of international economic law in facilitating the “competition of systems” (principally by reducing barriers to international trade and...
Persistent link: https://www.econbiz.de/10013069442
On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Until August 2006, the DSU has since been applied to 348 complaints - more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades. The...
Persistent link: https://www.econbiz.de/10012776016