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treatment, and importantly, the right to bring a claim in international arbitration against the host State in the event that the … faced by the regime for investment treaty arbitration, such as the problem of inconsistent decisions, multiple proceedings …
Persistent link: https://www.econbiz.de/10013123889
amendment with regard to Vodafone; second, the present stage of conciliation in the dispute resolution mechanism; and third, the … consequences of the matter heading to arbitration under the BIT, and its adjudication of the 'denial of justice' claim, from the …
Persistent link: https://www.econbiz.de/10013073964
This paper offers the first detailed English-language analysis of international investment arbitration law and practice ….Part 3 outlines the first two treaty-based claims filed against Thailand, especially the 2009 arbitration award in favour …. However, Part 3 also examines cases where the Thai government has been subject to arbitration claims under concessions or …
Persistent link: https://www.econbiz.de/10012993627
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arbitration, even where no judgement has been made regarding the application of those laws to the case at hand …
Persistent link: https://www.econbiz.de/10013136904
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
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
Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …
Persistent link: https://www.econbiz.de/10013027159