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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
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...
Persistent link: https://www.econbiz.de/10010463415
Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with …
Persistent link: https://www.econbiz.de/10012852490
investment arbitration. This submission contains the Annex Materials -- overview tables and charts -- on which the analysis …
Persistent link: https://www.econbiz.de/10013024795
In the aftermath of Argentina’s 2001 economic crisis, creditors not participating in the country sovereign debt … restructuring insisted on full payment. The triplet of investment arbitration decisions upheld jurisdiction over the mass claims … into two camps on the legal appropriateness and policy desirability of using investment arbitration for solving sovereign …
Persistent link: https://www.econbiz.de/10014135464
Persistent link: https://www.econbiz.de/10013005072
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...
Persistent link: https://www.econbiz.de/10010463416
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
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658
treaties offer foreign investors a range of procedural choices, such as a choice between arbitration fora. The survey also …
Persistent link: https://www.econbiz.de/10009685837