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Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a … international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent … program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration …
Persistent link: https://www.econbiz.de/10014204422
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
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions … still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly … confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational …
Persistent link: https://www.econbiz.de/10013036266
investment arbitration in the determination of whether a host state has complied with its investment protection obligations for …
Persistent link: https://www.econbiz.de/10012868065
It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international … agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement … would cause parties to prefer arbitration over litigation.This study examines the validity of these theoretical claims …
Persistent link: https://www.econbiz.de/10012901126
'S mechanism and ODR, such as online negotiation, mediation, and arbitration, as provided for by the existing ODR provider … DSU can be equivalent with online mediation. Panel and appellate proceedings can use online arbitration. Also arbitration … as provided for in article 21.3( c ), 22.6, and 25 DSU could be run in the same fashion using online arbitration model …
Persistent link: https://www.econbiz.de/10014051213
The article discusses approaches used in determination of the international [character] of arbitration reflected in the … UNCITRAL Model Law [1985] – compliant arbitration laws of the 4 Eurasian states – the Russian Federation, Ukraine, Azerbaijan …
Persistent link: https://www.econbiz.de/10014158323
contradict the modern practice of international arbitration and the case-law of the European Court of Justice …
Persistent link: https://www.econbiz.de/10014168657
arbitration proceedings.THE SUCCESS RATE OF ANNULMENT APPLICATIONS REMAINS LOWApplicants have only succeeded in approximately 12 … applications will likely increase. Annulment (or set-aside) applications in non-ICSID investment arbitration proceedings (i …
Persistent link: https://www.econbiz.de/10014087893