Showing 1 - 10 of 2,019
Persistent link: https://www.econbiz.de/10010438096
of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …
Persistent link: https://www.econbiz.de/10013135618
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of … protection rules. The overall thesis is that conceptual challenges faced by investment arbitration may be illuminated by the …
Persistent link: https://www.econbiz.de/10013064265
The mechanism of Investor-State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the...
Persistent link: https://www.econbiz.de/10013015517
compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …
Persistent link: https://www.econbiz.de/10012722319
In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris' claim that Uruguay … (IP). The article explores the concept of ‘public policy' and how IP law, WTO law as well as international investment law …, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The …
Persistent link: https://www.econbiz.de/10012897777
Persistent link: https://www.econbiz.de/10013005072
received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key … criticism levelled at investment treaty arbitration is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …
Persistent link: https://www.econbiz.de/10014352506
This paper highlights the salient features of the new International Arbitration Act 2008, in force in Mauritius. It … universe of international arbitration …
Persistent link: https://www.econbiz.de/10013117148
possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363