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Available at EJIL: Talk! (Blog of the European Journal of International Law)This is a short comment piece looking at the Annulment Committee's approach to interpretation. In particular it looks at how the interpretive tools of public international law are applied between the customary based norm...
Persistent link: https://www.econbiz.de/10013139224
This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no obligations on foreign investors and only...
Persistent link: https://www.econbiz.de/10013114394
of the South Pars block which is the world's second biggest gas field situated in the Persian Gulf. It is expected that … expropriation of its property rights in investment by bringing an arbitration proceedings against the Iranian government and … international arbitration pursuant to arbitration rules of ICSID, ICC and UNCITRAL. This article exemplifies the dispute resolution …
Persistent link: https://www.econbiz.de/10013125019
There are at least two views within investment arbitration about how to respond to legitimation problems associated …-understandings of actors operating within investment arbitration, this paper takes up systems theory as a heuristic for assessing the … global standards by embracing World Trade Organization Appellate Body decision making; and third, the hesitant embrace of …
Persistent link: https://www.econbiz.de/10013125607
This paper examines the role of third-party funding (TPF) in international investment arbitration. This can take many … funder, rather than the claimant, bears the expenses involved in the litigation or arbitration. There is little clarity on … the legal aspects of TPF in litigation and arbitration. The position of TPF funders in investment arbitration is even less …
Persistent link: https://www.econbiz.de/10013108739
This article develops the process of jurisdictional proof in investor-state arbitrations. Investor-state arbitration is … question either under applicable mechanism provided in a multilateral treaty such as the World Bank's ICSID Convention or upon … motion to the courts at the place of arbitration such as occurred recently in BG Group v. Republic of Argentina, 665 F.3d …
Persistent link: https://www.econbiz.de/10013081423
Persistent link: https://www.econbiz.de/10013093574
There has been a pervasive failure by investment tribunals to grasp the singularly compensatory nature of moral damages awarded to investors. Critically, this failure to distinguish moral damages from other forms of reparation such as satisfaction and restitution, never mind punitive damages,...
Persistent link: https://www.econbiz.de/10013064740
consequences of the matter heading to arbitration under the BIT, and its adjudication of the 'denial of justice' claim, from the …
Persistent link: https://www.econbiz.de/10013073964
Apart from the financial crisis, the universe of investment treaty arbitration witnessed two eye-catching events in … arbitration tribunal (the “Tribunal”) convened under the auspices of ICSID on June 19, 2009. The focus of this article is to … review some key aspects of the investor-state arbitration clause in both the Award and the Treaty. The BIT practice of China …
Persistent link: https://www.econbiz.de/10013075528