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The Arbitrator and Mandatory Rules of Law
Rau, Alan Scott - 2010
An endless literature exhorts us to ask whether international arbitrators have some sort of a duty or obligation to enforce rules of mandatory law. Such an abstract inquiry - untethered from the positive law implications of arbitral failure, or the pragmatic constraints that push individual...
Persistent link: https://www.econbiz.de/10014221403
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Tobacco, Health and Investor-State Dispute Settlement : Australia's Recent Treaty Practice
Voon, Tania - 2019
Australia has successfully defended its first investment treaty claim, brought by Philip Morris Asia Ltd under the … bilateral investment treaty between Australia and Hong Kong. As researchers investigate the impact of such claims on treaty … design, Australia provides an interesting case study. While causation between the Philip Morris claim and the drafting of …
Persistent link: https://www.econbiz.de/10014104485
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International Investment Agreements and Investor-State Arbitration in Asia
Bath, Vivienne - 2020
” initiative, India, Japan and Korea, Australia and New Zealand …
Persistent link: https://www.econbiz.de/10012840707
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Proving Corruption Allegations in International Arbitration
Cao, Trang - 2017
Persistent link: https://www.econbiz.de/10012954439
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The Preclusive Effect of National Court Decisions in International Investment Arbitration – Res Judicata or Issue Estoppel Applicable or Not?
Jooste, Philippus - 2017
It is accepted that a breach of an international investment agreement does not necessarily constitute a breach or violation of an investment treaty or international law norm applicable between an international investor and a host state. It is common that the adjudication of breaches of these...
Persistent link: https://www.econbiz.de/10012954443
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New Frontiers in Asia-Pacific Trade, Investment and International Business Dispute Resolution
Nottage, Luke R.; Jetin, Bruno - 2021
(China, Hong Kong and Singapore) but also some emerging contenders (Japan, Malaysia, India and Australia). Overall (§1 …
Persistent link: https://www.econbiz.de/10013247861
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Assessing Treaty-Based Investor-State Dispute Settlement : Abandon, Retain or Reform?
Campbell, Christian - 2015
Treaty-based investor-state dispute settlement (ISDS) is attracting increasing public debate. Particular concerns involve treaty provisions allowing investors from the home state to initiate arbitration claims directly against the host state for allegedly violating substantive rights (eg...
Persistent link: https://www.econbiz.de/10013035480
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Assuming Silence in Arbitration
Schmitz, Amy J. - 2011
This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration pursuant to non-public parties’ private agreements, and seeks to spark discussion of transparency reforms that respond to effects of these distinctions in that context. It...
Persistent link: https://www.econbiz.de/10014182278
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Trust Arbitration Clauses
Conaglen, Matthew - 2015
This working paper is a draft of a chapter for a book concerning Trusts and Wealth Management. It addresses the enforceability of clauses contained in trusts which purport to require that internal trust disputes be arbitrated rather than being dealt with through normal litigation channels. It...
Persistent link: https://www.econbiz.de/10014133228
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Can Free Trade Agreements and their Dispute Resolution Mechanisms Help Protect the Environment and Public Health? The CPTTP, MARPOL73/78 and COVID-19
Huang, Jie (Jeanne); Hu, Jiaxiang - 2020
Preventing or managing a global pandemic such as COVID-19 requires states to strictly comply with International Health Regulations 2005 (IHR). However, they lack a strong enforcement mechanism, like many multilateral environmental protection agreements. Over the past fifteen years, several such...
Persistent link: https://www.econbiz.de/10014099686