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arbitrators, one each nominated by the two parties while the president is mutually agreed upon. We demonstrate that the kind of … involvement of these arbitrators in previous ISDS cases matters for the case under dispute. Specifically, we show that what we … label the president's pro-investor bias - the number of times they have previously been nominated by an investor minus the …
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systems of national corporate law (and other international law). ISDS arbitrators have consistently found that shareholders …
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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...
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Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
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arbitrators or in secondary literature. The findings clearly supported initial expectations of systemic bias arising from unique …This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment … treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a …
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