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states are disenfranchised from pursuing investment claims once they are lodged with ICSID. Is it the case that home states … simply stay home? This chapter examines instances where home states may have played a role in investment disputes between … political power, the ambit of investment arbitrator discretion is so capacious that it can be said of arbitrators, as it has …
Persistent link: https://www.econbiz.de/10012893027
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 … rights, and this chapter evaluates the extent to which they may be deployed in trade and investment regimes. While finding …
Persistent link: https://www.econbiz.de/10012940775
This article considers a range of procedural defences argued by state parties in investment treaty arbitration … from an investment treaty that bind the same Contracting Parties. It shall illustrate how investment treaty arbitration … investment arbitration has been avoided by states using defences based upon this fact …
Persistent link: https://www.econbiz.de/10013049192
The five contributions in this legal working paper discuss various aspects of investment arbitration. They were … originally presented at the ECB legal colloquium on ‘The new challenges raised by investment arbitration for the EU legal order …
Persistent link: https://www.econbiz.de/10012117944
of sovereign bonds issued by the host State qualify as investors and thus have standing to bring investment treaty … purposes of international investment law.This article illustrates the main problems revolving around the qualification of … sovereign bond as investments for the purposes of international investment law. The article summarises the relevant legal …
Persistent link: https://www.econbiz.de/10012981754
existing international investment law regime. The paper concludes by providing some elements which require further …
Persistent link: https://www.econbiz.de/10013337676
Introduction : China, the EU, the EU-China Comprehensive Agreement on Investment, and International Investment Dispute … Settlement -- Analyzing the State-to-State Dispute Settlement System in the EU-China Comprehensive Agreement on Investment … -- Analyzing the mechanism to address differences under the EU-China Comprehensive Agreement on Investment -- The basis for …
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