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The question of expropriation is at the heart of modern foreign investment law, yet remains an area of great uncertainty and ambiguity. Neither treaty law nor existing jurisprudence provides clarity on the questions of when government action amounts to an expropriation or what to do if does.This...
Persistent link: https://www.econbiz.de/10013090342
The International Investment régime has been transformed to a vibrant and constantly evolving, yet incoherent system. A point of incoherence has been the notion of ‘investment' under the ICSID Convention for which the case-law and doctrine have remained unsettled for long. Some Respondent...
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support the idea of the investment arbitration as the most appropriate method of dispute resolution, some decided to avoid it …
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investor-state arbitration providing a form of access to justice to foreign investors in cases where domestic courts are not … words, vindicates fundamental values of a just world order under law. Furthermore, the article argues that Miles paints a …
Persistent link: https://www.econbiz.de/10012962413
someone else's game, however, while the IIL community focuses on spectacular arbitration and academic battles, the lack of an …
Persistent link: https://www.econbiz.de/10012891511
a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an …
Persistent link: https://www.econbiz.de/10012897810
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...
Persistent link: https://www.econbiz.de/10012940775
activities, especially foreign investments, is an increased number of disputes. Consequently, investment arbitration has, in … promotion. The first section of this paper describes the origin and development of international investment arbitration with a … and ICSID arbitration both play significant roles in dispute resolution, scholars often criticize them for their …
Persistent link: https://www.econbiz.de/10012943773
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