Showing 101 - 110 of 329,276
This paper examines the role of third-party funding (TPF) in international investment arbitration. This can take many shapes and forms but basically, the TPF funder is an investor in a monetary claim lodged before a court or arbitral tribunal. By involving a TPF funder, a claimant may attract...
Persistent link: https://www.econbiz.de/10013108739
Persistent link: https://www.econbiz.de/10003814402
Persistent link: https://www.econbiz.de/10013135200
The object of this article is to examine different options in investment treaty making for addressing and preventing potential conflicts of norms that involve investment and cultural heritage rights. For this purpose, it will be taken into account the rationale of intergenerational justice and...
Persistent link: https://www.econbiz.de/10013001964
The Additional Protocol to the Framework Agreement of the Pacific Alliance (PA Additional Protocol) sets forth an additional layer for the protection of foreign investment to the preexisting International Investment Agreements (IIAs) between the PA Member States, posing a number of systemic...
Persistent link: https://www.econbiz.de/10013002071
The paper, the editors' introduction to the volume, maps out the main challenges and opportunities resulting from the move, in the past decade, from free-standing investment protection treaties (BITs) towards more broadly-focused treaties addressing integration in trade and investment
Persistent link: https://www.econbiz.de/10013058014
This study aims to provide an overview of the patterns of breaches of the requirement for fair and equitable treatment of foreign investments and investors which arbitral case law has qualified as being made in bad faith. The study attempts to argue that bad faith acts of States comprise an...
Persistent link: https://www.econbiz.de/10013039671
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