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Adjudicator compensation systems and investor-state dispute settlement

Gaukrodger, David - 2017

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

Investment treaties and shareholder claims : analysis of treaty practice

Gaukrodger, David - 2014

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

Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law

Gaukrodger, David - 2014

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

Are voluntary agreements better? : evidence from baseball arbitration

Budd, John W.; Sojourner, Aaron J.; Jung, Jaewoo - 2014

This paper empirically examines the widespread belief that voluntarily negotiated agreements produce better long-run relationships than third-party imposed settlements, such as arbitrator decisions or court judgments. Two key outcomes are analyzed - subsequent player performance and the...

Persistent link: https://www.econbiz.de/10010342436

Formalizing dispute resolution : effects of village courts in Bangladesh

Mattsson, Martin; Mobarak, Ahmed Mushfiq - 2023

Disagreements over business deals, land boundaries, or loan non-repayment are very common sources of disputes, and courts are congested in developing countries. We evaluate the effects of the government introducing formal "village courts" (VCs) in rural Bangladesh using a randomized controlled...

Persistent link: https://www.econbiz.de/10014292197

Inside post-socialist courts : the determinants of adjudicatory outcomes in Slovenian commercial disputes

Dimitrova-Grajzl, Valentina; Grajzl, Peter; Zajc, Katarina - 2014

Despite the judiciary's central role in the capitalist market system, micro-level empirical analyses of courts in post-socialist countries are remarkably rare. This paper draws on a unique hand-collected dataset of commercial claims filed at Slovenian courts to examine the determinants of two...

Persistent link: https://www.econbiz.de/10010383306

Litigation and the timing of settlement : evidence from commercial disputes

Grajzl, Peter; Zajc, Katarina - 2015

Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages...

Persistent link: https://www.econbiz.de/10011343069

State-to-state dispute settlement and the interpretation of investment treaties

Gaukrodger, David - 2016

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

Winning or losing in investor-to-state dispute resolution : the role of arbitrator bias and experience

Donaubauer, Julian; Neumayer, Eric; Nunnenkamp, Peter - 2017

When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...

Persistent link: https://www.econbiz.de/10011623186

What constitutes a compensation free regulation of foreign-owned property in international law? : some thoughts on the protection of foreign investment against expropriations, the...

Gildeggen, Rainer; Willburger, Andreas - 2016

This article intends to help understand the debate about TTIP by focusing on the specific issue of how TTIP may regulate investment protection of foreign-owned property. It gives an overview of the international law of expropriations of and other interferences with foreign-owned property for...

Persistent link: https://www.econbiz.de/10011531502

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