Showing 181 - 190 of 257,291
Persistent link: https://www.econbiz.de/10001750095
of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …
Persistent link: https://www.econbiz.de/10013135618
review of recent legislation and practice shows that compulsory consolidation of arbitration is fading nowadays world-widely … compulsory consolidation of arbitration by the courts in some countries and regions. In practice, courts usually justify their … decisions on three major grounds. However, compulsory consolidation of arbitration in essence is in violation of major …
Persistent link: https://www.econbiz.de/10013138357
Available at EJIL: Talk! (Blog of the European Journal of International Law)This is a short comment piece looking at the Annulment Committee's approach to interpretation. In particular it looks at how the interpretive tools of public international law are applied between the customary based norm...
Persistent link: https://www.econbiz.de/10013139224
The choice to pursue international arbitration and adjudication is part of a political bargaining process. Since … only jointly agree to arbitration or adjudication when the expected outcome of such a process does not diverge …
Persistent link: https://www.econbiz.de/10013140294
This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no obligations on foreign investors and only...
Persistent link: https://www.econbiz.de/10013114394
The call for more efficient proceedings has been on the agenda in international commercial arbitration for quite a … while. However, in investment arbitration the topic has so far received little attention. This article attempts to delineate … arbitration. It then goes on to analyze the effectiveness of recent efficiency improvements to arbitration rules frequently used …
Persistent link: https://www.econbiz.de/10013117935
of the South Pars block which is the world's second biggest gas field situated in the Persian Gulf. It is expected that … expropriation of its property rights in investment by bringing an arbitration proceedings against the Iranian government and … international arbitration pursuant to arbitration rules of ICSID, ICC and UNCITRAL. This article exemplifies the dispute resolution …
Persistent link: https://www.econbiz.de/10013125019
There are at least two views within investment arbitration about how to respond to legitimation problems associated …-understandings of actors operating within investment arbitration, this paper takes up systems theory as a heuristic for assessing the … global standards by embracing World Trade Organization Appellate Body decision making; and third, the hesitant embrace of …
Persistent link: https://www.econbiz.de/10013125607
“straw that breaks the camel's back” and damage the system of investment arbitration. The author, first of all, points out … the challenges faced by small claimants in bringing an investment arbitration claim against a State, which mostly concern … the costs of investment arbitration. With respect to those obstacles, the author then introduces some methods to overcome …
Persistent link: https://www.econbiz.de/10013096201