Results 11 to 20 of about 15,233 (165)

Consistently Inconsistent: What Is a Qualifying Investment Under Article 25 of the ICSID Convention and Why the Debate Must End [PDF]

, 2016
International investment has helped to pave the way for an increasingly globalized world community. Consequently, the International Centre for Settlement of Investor Disputes (ICSID)—existing under the mandate of the World Bank and with the stated ...
Exelbert, Jeremy Marc
core   +2 more sources

Artikel Kehormatan: Sengketa Penanaman Modal antara Investor Melawan Pemerintah di Arbitrase ICSID

Padjadjaran: Jurnal Ilmu Hukum, 2014
Abstrak Perhatian terhadap ICSID dewasa ini timbul kembali setelah beberapa investor menggugat pemerintah Indonesia di hadapan badan arbitrase ICSID.
Huala Adolf
doaj   +1 more source

Pakistan, China and the Structures of Debt Distress: Resisting Bretton Woods

Development and Change, Volume 54, Issue 5, Page 1226-1263, September 2023., 2023
ABSTRACT Pakistan has received a total of 23 loan packages from the International Monetary Fund (IMF) between 1958 and 2023, and recurrent indebtedness has hindered structural transformation. Recent crises, such as the COVID‐19 pandemic, surging commodity prices, Russia's invasion of Ukraine and diplomatic tensions between the United States and China ...
Farwa Sial, Juvaria Jafri, Abdul Khaliq
wiley   +1 more source

Convention on the Settlement of Investment Disputes between States and Nationals of Other States (The ICSID Convention, 1965)

Московский журнал международного права, 2012
The article generally reviews the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (The ICSID Convention), 1965, according to which the International Centre for Settlement of Investment Disputes (ICSID) was
O. S. Shaposhnikova
doaj   +1 more source

Investors versus Workers: A Class‐Based Critique of International Investment Treaties

Journal of Applied Philosophy, Volume 40, Issue 4, Page 690-707, August 2023., 2023
ABSTRACT Bilateral investment treaties constitute an important instrument to facilitate global investment. Recent discussions in political theory have highlighted several normative concerns raised by bilateral investment treaties. One worry is that investment treaties undermine national self‐determination as they grant investors far‐reaching ...
Mirjam Müller
wiley   +1 more source

Arbitration of the International Centre for Settlement of Investment Disputes for the Most-Favored Nation Clause [PDF]

الرافدین للحقوق, 2021
            The Most-Favored-Nation clause ( MFN) has become a pillar of bilateral investment agreements. For this reason, this article dealt with the problems facing the application of this clause before the International Center for Settlement of ...
Fathi Al Hayani
doaj   +1 more source

Unjust enrichment in investor–State arbitration: A principled limit on compensation for future income from fossil fuels

Review of European, Comparative &International Environmental Law, Volume 32, Issue 2, Page 358-370, July 2023., 2023
Abstract If States take seriously the Paris Agreement's mitigation goal by phasing out the use of fossil fuels in energy production, investor–State arbitration could allow claimants to recoup lost value. In awards of compensation, tribunals typically apply forward‐looking, income‐based valuation methods to quantify future cash flows.
Oliver Hailes
wiley   +1 more source

Early Dismissal Mechanism in Investment Arbitration [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020
The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to,
vahid bazzar
doaj   +1 more source

Application of The Burden and Standard of Proof in Corruption Allegations Under ICSID Arbitration

Public and Private International Law Bulletin, 2022
Corruption allegations are a frequently-encountered issue in international investment arbitration. These allegations are mainly used as a defense mechanism by states, aiming to dismiss investors’ assertions in arbitral proceedings, because if corruption ...
Metincan Kaban
doaj   +1 more source

Counterclaims in investor-state arbitration [PDF]

, 2011
This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no ...
Kryvoi, Yaraslau
core   +2 more sources