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International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
Despite much attention to the lex mercatoria, international commercial arbitration remains under-analyzed as a venue for establishing a private, transnational contract law. The lex mercatoria is a supranational legal system consisting of international commercial usages and of principles and...
Persistent link: https://www.econbiz.de/10012986335
This article reveals evidence-based details of the China International Economic and Trade Arbitration Commission (CIETAC) arbitral proceedings (1990-2000), allowing unprecedented insights into Chinese international business arbitration. It begins by confirming the prominence of Chinese foreign...
Persistent link: https://www.econbiz.de/10012932287
Using event study methodology, we investigate whether bilateral investment protection treaties afford protection to foreign investors. Examining arbitral decisions for firms from six countries shows that firms that received awards from arbitrators gained in market value by as much as 3%. Per...
Persistent link: https://www.econbiz.de/10013250469
Using event study methodology, we investigate whether bilateral investment protection treaties afford protection to foreign investors. Examining arbitral decisions for firms from six countries shows that firms that received awards from arbitrators gained in market value by as much as 3%. Per...
Persistent link: https://www.econbiz.de/10012207359
We provide a simple but novel model of trade agreements that highlights the role of transaction costs, renegotiation and dispute settlement. The model allows us to characterize the appropriate remedy for breach and whether the agreement should be structured as a system of "property rights" or...
Persistent link: https://www.econbiz.de/10014202238
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
Pakistan has an effective Alternate Dispute Resolution laws in place, which gives breathing space to resolve dispute outside the court room. Mainly, these kinds of proceedings are governed by The Arbitration Act 1940, within the country. There are some other statutes which deal with the...
Persistent link: https://www.econbiz.de/10014124069
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
Since the inception of the international investment law system, investment promotion and protection have been the raison d’être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative...
Persistent link: https://www.econbiz.de/10014095340