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In just over a decade, the international system for mandatory arbitration of domain name disputes has disposed of more than 30,000 disputes, between parties from more than 150 countries, in short timeframes and at low cost. Despite the absence of an appellate body and a doctrine of stare...
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Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
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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) foreign investors over states in general, (b) foreign...
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In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally includes two limbs: first, to hold parties to their...
Persistent link: https://www.econbiz.de/10013013617
International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
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