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Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...
Persistent link: https://www.econbiz.de/10014357561
This first comprehensive empirical study on provisional measures in investment treaty arbitration examines more than a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers an insight into how international tribunals treat applications for...
Persistent link: https://www.econbiz.de/10012858533
This report examines the trends and practices of annulment committees on key issues such as the success rate of annulment applications, the most frequently invoked annulment grounds, the length and costs of annulments proceedings. It also provides an in-depth analysis on how tribunals approach...
Persistent link: https://www.econbiz.de/10014087893
This study examines over 400 investor-State cases conducted under ICSID, UNCITRAL and other arbitration rules, and over 70 ICSID annulment decisions, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of...
Persistent link: https://www.econbiz.de/10014088418
Remedies in international law present an intriguing challenge: what happens if a sovereign state refuses to comply with its obligations, even after an international adjudicatory body has ruled in its disfavour? The absence of compulsory enforcement arguably means that international law as a...
Persistent link: https://www.econbiz.de/10013035744
Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...
Persistent link: https://www.econbiz.de/10012850942
The last 30 years in the history of international investment law witnessed the emergence of investor-state dispute settlement (ISDS) as the definitive method for the resolution of investment disputes, and the expanding role of the investor in the same. Investment dispute settlement has become...
Persistent link: https://www.econbiz.de/10012853977
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
International treaties therefore have priority over provisions of domestic origin (domestic lex arbitri). This mainly concerns two conventions, namely the New York Convention (1958) and the European Convention on International Commercial Arbitration (1961). In the field of international...
Persistent link: https://www.econbiz.de/10012980715
International Arbitration in Korea provides a comprehensive introduction to more than 140 arbitral cases and commentaries in Korea and introduces the arbitration community to the jurisprudence and scholarship of this under-appreciated but well developed jurisdiction. The book encompasses all the...
Persistent link: https://www.econbiz.de/10012957427