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investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
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
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
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067
levels. The article then looks at the indirect role that investment treaty arbitration can play in facilitating investment … and promoting the rule of law. The Article concludes that investment treaty arbitration's precise impact on FDI is unclear …
Persistent link: https://www.econbiz.de/10014059649
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
Persistent link: https://www.econbiz.de/10012968626
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
This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The …, exert varying degrees of influence and account substantially for variations in the arbitration issues considered: (1 … using mediation rather than litigation and arbitration).Various arbitration issues will be examined. First, the relationship …
Persistent link: https://www.econbiz.de/10013238108
Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in...
Persistent link: https://www.econbiz.de/10013147975