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The ability of foreign investors to choose international arbitration as a dispute resolution mechanism can create significant problems. Lack of coherence and discrimination regarding regulation can arise from the resolution of substantive issues, whereas concerns about transparency and fairness...
Persistent link: https://www.econbiz.de/10013043884
The text is devoted to the issues of international law and the role of investment to international organizations such as the WTO, the OECD and the IMF. Author discusses the issues remedies available to investors and methods of investment dispute resolution, e.g. claims for damages that can be...
Persistent link: https://www.econbiz.de/10013046716
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...
Persistent link: https://www.econbiz.de/10013225306
Pagrindinis klausimas, kuris analizuojamas šiame straipsnyje – ar arbitražo teismai turėtų investicijos apibrėžimą interpretuoti kuo plačiau, ar, atvirkščiai, – jie turėtų laikytis formalesnio požiūrio ir pripažinti investicija tik tokią veiklą, kuri konkrečiai nurodyta...
Persistent link: https://www.econbiz.de/10013076745
This article is purposed to introduce an upcoming research starting in September, 2013 on a complex issue arising in the theory and practice of modern investor-state arbitration. To this end, readers are encouraged to treat this research summary as interactive and to contact the author with...
Persistent link: https://www.econbiz.de/10013076747
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10012454249
organizational form of large-scale international investment projects all over the World. In view of significant amount of their …
Persistent link: https://www.econbiz.de/10012914640
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10014161516
Since the inception of the international investment law system, investment promotion and protection have been the raison d’être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative...
Persistent link: https://www.econbiz.de/10014095340
International investment has increasingly been subject to controversies and debates. Never more so then when international investment law is faced with sustainable development issues, particularly in the context of international investment arbitration. Given the characteristics of international...
Persistent link: https://www.econbiz.de/10011712127