Showing 41 - 50 of 330,016
restructuring insisted on full payment. The triplet of investment arbitration decisions upheld jurisdiction over the mass claims … into two camps on the legal appropriateness and policy desirability of using investment arbitration for solving sovereign … concerned as well as potential policy consequences of the use of investment arbitration for these types of disputes. The article …
Persistent link: https://www.econbiz.de/10014135464
The World Trade Organization's Dispute Settlement Body grew out of decades of experience and the frustrations of … article discusses the historical development of the World Trade Organization's dispute resolution system. The first section … section addresses the instrument which inaugurates the World Trade Organization's current dispute settlement procedure and …
Persistent link: https://www.econbiz.de/10014050506
Persistent link: https://www.econbiz.de/10010236118
Persistent link: https://www.econbiz.de/10012620026
Persistent link: https://www.econbiz.de/10013170797
rendered by RTA dispute settlement bodies play in WTO cases. Are RTA dispute settlement systems in competition with and … possibly even in contradiction to the WTO DSU or are they complementary? Can they co-exist or are they cast in eternal … opposition? Are they equal or are they inherently subordinate to the WTO DSU? The article considers the WTO’s treatment of RTAs …
Persistent link: https://www.econbiz.de/10014132564
WTO adjudicating bodies based on their inherent powers to decide on matters related to their own jurisdiction. While the … be taken into consideration in the WTO. It is argued that the good faith obligation contained in the DSU as well as the …
Persistent link: https://www.econbiz.de/10013039652
Persistent link: https://www.econbiz.de/10014391468
An increasing number of courts, albeit still a minority, refuse to enforce nonmutual arbitration clauses (clauses that … arbitration of at least some of its own claims. This article challenges the view that nonmutual arbitration clauses necessarily … are unfair. Certainly to the extent market forces constrain business (mis)behavior, nonmutual arbitration clauses may make …
Persistent link: https://www.econbiz.de/10014089186
Persistent link: https://www.econbiz.de/10009658954