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In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
investor-state arbitration providing a form of access to justice to foreign investors in cases where domestic courts are not …
Persistent link: https://www.econbiz.de/10012962413
someone else's game, however, while the IIL community focuses on spectacular arbitration and academic battles, the lack of an …
Persistent link: https://www.econbiz.de/10012891511
a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an …
Persistent link: https://www.econbiz.de/10012897810
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...
Persistent link: https://www.econbiz.de/10012940775
activities, especially foreign investments, is an increased number of disputes. Consequently, investment arbitration has, in … promotion. The first section of this paper describes the origin and development of international investment arbitration with a … and ICSID arbitration both play significant roles in dispute resolution, scholars often criticize them for their …
Persistent link: https://www.econbiz.de/10012943773
Persistent link: https://www.econbiz.de/10012944395
Investment treaty arbitration (ITA) has emerged as a space where the international legal personality of states and …
Persistent link: https://www.econbiz.de/10012946158
resorting to arbitration, this state is supposed to find ways of settling eventual investment disputes. Hence, the analysis of … alternative methods to arbitration, a costly and unpredictable procedure, becomes important. In addition, the investigation of …
Persistent link: https://www.econbiz.de/10012870115
treaty arbitration. The legislative history and the circumstances leading to the birth of the IC-SID Convention strongly … investment treaty arbitration. This article challenges this relegation as historic to the IC-SID Convention. The article argues … between FDI and investment treaty arbitration excludes considerations of economic development in view of the omission in the …
Persistent link: https://www.econbiz.de/10012969439