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unconditional positive. And in the context of investment arbitration, there are reasons why we may believe that the conditions for … consistency to be a good thing are actually not met: in investment arbitration the pursuit of consistency may well do more harm …
Persistent link: https://www.econbiz.de/10012905223
status of contractual joint ventures and their participants in international investment arbitration and compares it with the … arbitration, it does not by itself preclude individual claims of their participants in both types of arbitration. Furthermore, the …
Persistent link: https://www.econbiz.de/10012914640
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investment arbitration -- 4. The minimum standard of treatment and the protection of foreign investors during an armed conflict …
Persistent link: https://www.econbiz.de/10014498365
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
sovereign prerogative of revenue raising, the practice proves very much to the contrary. Arbitration of tax-related disputes … proves very much a reality despite doctrinal objections. The amenability of such disputes to arbitration remains highly fact …-intensive, with no hard-and-fast rule prohibiting all tax arbitration per se, while some controversies stay out-of-bounds for …
Persistent link: https://www.econbiz.de/10012949850
Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...
Persistent link: https://www.econbiz.de/10014102393
In resolution of international contract disputes, arbitrators may sometimes show greater fidelity than courts to the parties' intentions and established rule of a chosen law, foregoing any policy-making function similar to that sometimes asserted by common law judges. In adjusting international...
Persistent link: https://www.econbiz.de/10013046026
The call for more efficient proceedings has been on the agenda in international commercial arbitration for quite a … while. However, in investment arbitration the topic has so far received little attention. This article attempts to delineate … arbitration. It then goes on to analyze the effectiveness of recent efficiency improvements to arbitration rules frequently used …
Persistent link: https://www.econbiz.de/10013117935