Showing 1 - 10 of 5,515
The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and … of a political explanation of investment arbitration, we reconstruct the conflict about investor-state dispute settlement … (ISDS) in the negotiations on the Transatlantic Trade and Investment Partnership (TTIP). We argue that the competing …
Persistent link: https://www.econbiz.de/10013028423
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
negotiations on a comprehensive free trade agreement (TTIP) between them. According to critics, ISDS unduly limits the policy space …
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
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
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