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International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty...
Persistent link: https://www.econbiz.de/10014185106
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in...
Persistent link: https://www.econbiz.de/10014135472
International investment disputes arising out of investment treaties are a matter of heated debate and the appropriately normative method of channeling investment-related conflict is of increasing concern. This article serves two core purposes. First, it provides a detailed overview of...
Persistent link: https://www.econbiz.de/10014149089
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment...
Persistent link: https://www.econbiz.de/10014059649
International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article...
Persistent link: https://www.econbiz.de/10014062003
In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that...
Persistent link: https://www.econbiz.de/10014027538
During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources,...
Persistent link: https://www.econbiz.de/10014359156
The international investment system has depended heavily on international arbitration to provide guidance and clarification on the standards contained in international investment agreements. In order to assess the system realistically, this commentary discusses unpacking stakeholder expectations...
Persistent link: https://www.econbiz.de/10014170106