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arbitration proceedings against the issuing State. Arbitral case-law so far seemed to be consistent in concluding that the holders …
Persistent link: https://www.econbiz.de/10012981754
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In investment arbitration, procedural rules that incorporate broad transparency provisions subject both sides of an … seek a remedy against respondent-states. In this day and age, procedural transparency in investment arbitration cannot be …-America, demanding public accountability in investment arbitration. The article deduces three pillars that support investors' needs in …
Persistent link: https://www.econbiz.de/10013090911
The chapter challenges claims about depoliticization in two different aspects. The first examined claim is that home states are disenfranchised from pursuing investment claims once they are lodged with ICSID. Is it the case that home states simply stay home? This chapter examines instances where...
Persistent link: https://www.econbiz.de/10012893027
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...
Persistent link: https://www.econbiz.de/10012940775
This article considers a range of procedural defences argued by state parties in investment treaty arbitration … from an investment treaty that bind the same Contracting Parties. It shall illustrate how investment treaty arbitration … investment arbitration has been avoided by states using defences based upon this fact …
Persistent link: https://www.econbiz.de/10013049192
from the traditional investor-state dispute settlement mechanisms relying on treaty-based arbitration, understandably …
Persistent link: https://www.econbiz.de/10012930297
This article evaluates the opportunities for and challenges to the establishment of an advisory center on international investment law (‘ACIIL'), a legal aid facility designed off the successful Advisory Centre on WTO Law (‘ACWL') but focused on investor-State dispute settlement (‘ISDS')....
Persistent link: https://www.econbiz.de/10012931369
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