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This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...
Persistent link: https://www.econbiz.de/10012987636
In 2015, the Heads of State and Government of COMESA, the EAC and SADC agreed to establish the Tripartite Free Trade Area (TFTA) extending from Cape to Cairo, encompassing all twenty-six members of the three groupings. While the TFTA negotiations are ongoing, it is necessary that member states...
Persistent link: https://www.econbiz.de/10013001967
Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an...
Persistent link: https://www.econbiz.de/10012713250
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Europe. While the immediate practical interest of this is evident, it also leads to an interesting comparison of the E …
Persistent link: https://www.econbiz.de/10013083836
This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties...
Persistent link: https://www.econbiz.de/10014242634
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This paper considers the Economic Partnership Agreement (EPA) between the United Kingdom and Kenya signed on 8th December 2020 and which was ratified by the Kenyan Parliament on 9th March 2021. The theory underlying the concept of the EPA is that they seek to create greater market access to both...
Persistent link: https://www.econbiz.de/10014361228
China. Particularly with respect to dispute resolution, China has participated in the ongoing development of a Regional … Comprehensive Economic Partnership (‘RCEP') agreement, the launch of the China International Commercial Court (‘CICC'), and the … judgments (the Hague Judgments Convention).China's active role in the development of the above initiatives does not mean that …
Persistent link: https://www.econbiz.de/10012847818
Pursuant to Article 50 TEU, Member States may decide to leave the EU, but EU law—including the principle of “sincere cooperation”—continues to apply while withdrawal negotiations take place. This creates a fundamental and underappreciated difference between withdrawal negotiations with a...
Persistent link: https://www.econbiz.de/10012962019