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them to increased commitments to foreign investors and the risk of investor-state arbitration. The rise in such … exposure of Asian states, salient issues that have emerged in arbitration case law and lessons for Asian treaty-makers and …
Persistent link: https://www.econbiz.de/10013096212
them to increased commitments to foreign investors and the risk of investor-state arbitration. The rise in such … exposure of Asian states, salient issues that have emerged in arbitration case law and lessons for Asian treaty-makers and …
Persistent link: https://www.econbiz.de/10013078930
approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …
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Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
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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
When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...
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