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hallmark of arbitration, may duties to non-parties ever prevail over the will of the parties? How are such duties enforced? And …, what does the existence of duties to non-parties mean for the system of international investment arbitration? Investment … arbitration was born from a party-centric tradition. But it has become clear that tribunal rulings affect non-parties. Scrutiny is …
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ECtHR, the ICJ, and an UNCLOS tribunal, this Comment proposes that Ukraine institute state-to-state investment arbitration …
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concerning Investor-State Arbitration (ISA) under intra-EU Bilateral Investment Treaties (BITs) from a treaty law perspective. It …
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policy and pending investment arbitration cases. The EU and its Member States employed the Achmea decision in many ways not … arbitration on the incompatibility of BITs with EU law. All investment tribunals rejected the relevance and rationale of the …-EU BITs. Despite a whole set of differences, in terms of applicable BITs and different arbitration rules, these tribunals were …
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, since international investment agreements are proprio motu treaties. Part III examines consent to arbitration and its … arbitration …
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Host states not infrequently find themselves responding to claims by investors under international investment agreements (‘IIAs') following a series of corporate steps to enable the claim to take place: restructuring of existing chains of corporate ownership; transfers of assets to new or...
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The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of … community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper … been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of …
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This article considers bilateral investment treaties (BITs) and arbitration in relation to tax matters. Specifically …
Persistent link: https://www.econbiz.de/10013246438