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Contrary to the numerous accounts of fragmentation in investment arbitration case law, this Article shows that the case … law depicts a high degree of cohesion. The Article argues that jurisprudence in investment arbitration is stabilized by … legitimacy and the future of investment arbitration away from fragmentation to the main principles that have guided the …
Persistent link: https://www.econbiz.de/10014264419
not unlimited. One of the bars to having a dispute resolved by an arbitral tribunal in investor-state arbitration …
Persistent link: https://www.econbiz.de/10013228430
Although nearly all arbitration rules provide for the right to assert counterclaims in investor-state disputes, many … investment contract concluded with the State. The State, however, cannot assert counterclaims in investor-state arbitration based …
Persistent link: https://www.econbiz.de/10013111699
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of … protection rules. The overall thesis is that conceptual challenges faced by investment arbitration may be illuminated by the …
Persistent link: https://www.econbiz.de/10013064265
We now have a total of more than 650 investment arbitration claims. The number of countries targeted by arbitration is … are strangled politically and economically. In theory, the link between investment arbitration and severe economic crisis … seems fairly straightforward. The recent upsurge of arbitration claims in 2011 and 2012 would thus hardly be puzzling. But …
Persistent link: https://www.econbiz.de/10013073218
Persistent link: https://www.econbiz.de/10013005072
The 'problem' of overlapping international disputes has long vexed scholars and adjudicators. This article addresses an increasingly important form of overlap that has begun to emerge: parallel or successive disputes before the World Trade Organization (WTO) and investor-state arbitral...
Persistent link: https://www.econbiz.de/10013052904
increased, tribunal costs also increased. Such a combination of variability and convergence can disrupt the value of arbitration …
Persistent link: https://www.econbiz.de/10014185106
received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key … criticism levelled at investment treaty arbitration is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …
Persistent link: https://www.econbiz.de/10014352506
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658