Showing 1 - 10 of 775
investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
Persistent link: https://www.econbiz.de/10012968626
When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...
Persistent link: https://www.econbiz.de/10011623186
Persistent link: https://www.econbiz.de/10011724402
Persistent link: https://www.econbiz.de/10011893197
Persistent link: https://www.econbiz.de/10001718408
Persistent link: https://www.econbiz.de/10010194474
As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of...
Persistent link: https://www.econbiz.de/10012842820
(partly) answer investment law's legitimacy crisis by influencing changes in arbitral reasoning so that investment arbitration …-known disagreements persist over the relevant audience for investment arbitration, the task of building widely-perceived legitimacy …
Persistent link: https://www.econbiz.de/10012973113
Arbitrators in investment treaty arbitration have not been reluctant to express their views on the access to … international arbitration, provided for in dispute settlement clauses in investment treaties, as forming a part of substantive … arbitration as a substantive right of investors amounts to law-making, effected by requalifying procedural rules as substantive …
Persistent link: https://www.econbiz.de/10012988183