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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
While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration (this process is often described as ‘arb-med'), such practice seems to work well in China. In this respect, the Chinese model may be useful in contributing to the practice in...
Persistent link: https://www.econbiz.de/10013033797
Arbitral tribunals have misconstrued the purpose of international investment agreements (IIAs) by failing to factor in the development aspect of these agreements into their analysis. IIAs were constituted to protect foreign investment in order to promote economic development, meaning that there...
Persistent link: https://www.econbiz.de/10012849638
Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than litigation. The reason for this development could be attributed among other things, to the craving need to get speedy and substantial justice without being hampered by the legal...
Persistent link: https://www.econbiz.de/10012754052
This pathfinder is intended to assist government officials, investors, practitioners, arbitrators, scholars, and other stakeholders in locating literature on the dialogue of international investment law and dispute resolution. This document covers online resources useful in promoting...
Persistent link: https://www.econbiz.de/10014194193
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 and Belarus. Being one of the criteria of...
Persistent link: https://www.econbiz.de/10014158323
Although designed to resolve private disputes, usually commercial in nature, arbitration may nevertheless encounter during its course allegations of impropriety and criminal behaviour. In the context of international commercial arbitration, the most common of those are allegations of bribery....
Persistent link: https://www.econbiz.de/10014158775
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
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law's significant contribution to international arbitration law. It assesses and evaluates the Model Law's impact on the development of a universal...
Persistent link: https://www.econbiz.de/10014146836
In submitting disputes over environmental harms to an international court or tribunal, the parties to the conflict seek a workable remedy for the issue(s) that triggered the action. Environmental disputes are a relatively recent class of cases that have been litigated in international courts....
Persistent link: https://www.econbiz.de/10014125559