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investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …
Persistent link: https://www.econbiz.de/10013000492
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
Persistent link: https://www.econbiz.de/10013225306
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 …
Persistent link: https://www.econbiz.de/10011821957
Persistent link: https://www.econbiz.de/10013083947
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a … international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent … program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration …
Persistent link: https://www.econbiz.de/10014204422
neutrality and suitability to deal with transnational commercial disputes as international arbitration …
Persistent link: https://www.econbiz.de/10014261825
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
Persistent link: https://www.econbiz.de/10013005072
.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to … court for cross-border commercial contracts. Whereas international commercial arbitration is often associated with the … court judgment might not be enforced abroad. Therefore, international commercial arbitration is often described as the …
Persistent link: https://www.econbiz.de/10013046376
Disagreements over business deals, land boundaries, or loan non-repayment are very common sources of disputes, and courts are congested in developing countries. We evaluate the effects of the government introducing formal "village courts" (VCs) in rural Bangladesh using a randomized controlled...
Persistent link: https://www.econbiz.de/10014292197