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We examine the role of arbitrator background for outcomes in investment arbitration. Both the investors and the host states expend a great deal of resources to influence the arbitration outcomes, raising an important question: is an arbitrator‟s decision biased toward his or her appointing...
Persistent link: https://www.econbiz.de/10013215388
Two complainants brought a constitutional complaint before the German Constitutional Court. The complaint was directed against a judgement of the Federal Court of Justice (Bundesgerichtshof) that dismissed their action because the Hellenic Republic enjoyed state immunity before the German...
Persistent link: https://www.econbiz.de/10013216207
During and in the aftermath of the euro area sovereign debt crisis, many considered a common safe asset as a necessary condition for a stable European monetary union (EMU). However, intellectual efforts had far outstripped tangible policy action, until the pandemic turned the political debate...
Persistent link: https://www.econbiz.de/10013219346
This encyclopedia entry reviews the relationship between international trade law and human rights law. Trade and economic globalization aim to enhance economic growth and the well-being of states and their populations. Both trade and human rights law have traditionally been concerned with...
Persistent link: https://www.econbiz.de/10013219348
As is well known, the ICSID Convention does not define what “investments” are. Article 25 ICSID Convention, the only provision on the subject matter jurisdiction of ICSID tribunals, merely refers to “investment”. Investment tribunals and the literature have adopted divergent approaches...
Persistent link: https://www.econbiz.de/10013242005
The UK has made major contributions to the development of investor-state dispute settlement from 1920-2020. This essay shows that the UK contributed in three ways (1) law-making, both before and after the launch of its investment treaty programme in the early 1970s; (2) dispute settlement –...
Persistent link: https://www.econbiz.de/10013293068
International investment tribunals, like all other international courts and tribunals, are created equal. This chapter focuses on genuine decisional fragmentation and the coordination of proceedings within the investment treaty regime, i.e. between parallel and subsequent investment arbitrations...
Persistent link: https://www.econbiz.de/10013060031
A growing sociological and empirical literature focus on lawyers as part of the globalization and transnationalization of law. Sociological approaches treat arbitration tribunals as embedded in society, and arbitral awards as the product of a network of actors. Weberian sociology treats...
Persistent link: https://www.econbiz.de/10012827623
1747 applicants brought four constitutional complaints before the German Constitutional Court, which the Court consolidated for joint adjudication. They challenged the constitutionality of the European Central Bank's Public Sector Purchase Programme (‘PSPP'), particularly the inaction of the...
Persistent link: https://www.econbiz.de/10012831142
Persistent link: https://www.econbiz.de/10009538747