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International investment arbitration can be said to be built on a great asymmetry: on the one hand, foreign investors … are endowed with a set of significant rights, most notably the right to initiate disputes before arbitration tribunals; on … article assesses whether the in-built asymmetry of investor-state arbitration runs counter to the rule of law. Clarifying the …
Persistent link: https://www.econbiz.de/10012899667
The choice for investment arbitration cannot be made without consideration of some relevant factors. The options are …-hoc arbitration under the Rules of the United Nations Commission on Trade and International Law (“UNCITRAL Rules”). The other … institutions and ad-hoc arbitration are conveniently referred to as ‘Non-ICSID'. This essay interrogates the question of whether to …
Persistent link: https://www.econbiz.de/10012824164
investment arbitration in the determination of whether a host state has complied with its investment protection obligations for …
Persistent link: https://www.econbiz.de/10012868065
U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it prompts questions about whether reformation of...
Persistent link: https://www.econbiz.de/10012869935
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. Investment arbitration should thus tend to target countries in which certain types of political risk has materialized. In order … test various links between those two drivers of risk and arbitration claims. We use an original dataset that includes … investment claims filed under the rules of all arbitration institutions as well as ad hoc arbitrations. We find that bad …
Persistent link: https://www.econbiz.de/10013010229
Persistent link: https://www.econbiz.de/10013056780
This paper offers the first detailed English-language analysis of international investment arbitration law and practice ….Part 3 outlines the first two treaty-based claims filed against Thailand, especially the 2009 arbitration award in favour …. However, Part 3 also examines cases where the Thai government has been subject to arbitration claims under concessions or …
Persistent link: https://www.econbiz.de/10012993627
concerning Investor-State Arbitration (ISA) under intra-EU Bilateral Investment Treaties (BITs) from a treaty law perspective. It …
Persistent link: https://www.econbiz.de/10013236754
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...
Persistent link: https://www.econbiz.de/10013035164