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The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
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The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …
Persistent link: https://www.econbiz.de/10011821957
U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it prompts questions about whether reformation of...
Persistent link: https://www.econbiz.de/10012869935
Paper explores a possible solution through arbitration forums, as a national and international policy matter, whether it can …
Persistent link: https://www.econbiz.de/10013231681
The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...
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We now have a total of more than 650 investment arbitration claims. The number of countries targeted by arbitration is … are strangled politically and economically. In theory, the link between investment arbitration and severe economic crisis … seems fairly straightforward. The recent upsurge of arbitration claims in 2011 and 2012 would thus hardly be puzzling. But …
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