Results 11 to 20 of about 296 (183)

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

open access: yesPublic 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

UUrbaser v Argentina: The Origins of Host State Human Rights Counterclaim in ICSID Arbitration [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2020
Investment arbitrations have their own challenges due to their asymmetric nature, which arise from the essential difference between the parties to the claim.
zahra hajipour, POURIA askary
doaj   +1 more source

ICSID’s Reinforcement?: UNASUR and the Rise of a Hybrid Regime for International Investment Arbitration

open access: yesOsgoode Hall Law Journal, 2016
The legitimacy and effectiveness of the International Centre for Settlement of Investment Disputes (“ICSID”) is a matter of spirited debate. Opponents argue that ICSID’s ideological and procedural bias impedes fairness, its complexity and cost restrict ...
Kendall Grant
doaj   +1 more source

REGULATORY SPACE AS A FACTOR OF CHANGE OF INTERNATIONAL INVESTMENT TREATY REGIME

open access: yesХабаршы. Заң сериясы, 2021
At present time, the quest of balance between public and private interests under investment treaty provisions has become a serious challenge for all of the concerned parties, namely for host states, foreign investors, arbitral tribunals, scholars and ...
B. Kuzhatov
doaj   +1 more source

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

open access: yesDevelopment 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

Early Dismissal Mechanism in Investment Arbitration [PDF]

open access: yesFaṣlnāmah-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

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

open access: yesالرافدین 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

Bilateral Investment Treaties: Last Resort Strategy to Mitigate Political Risks? [PDF]

open access: yesRevista de Management Comparat International, 2018
Bilateral Investment Treaties (BITs), and in particular the possibility that they offer international arbitration of disputes between the foreign investor and the host country, represent one of the methods that multinational corporations (MNCs) can use ...
Violeta IFTINCHI, Gheorghe HURDUZEU
doaj   +1 more source

The ICSID Procedure: Mind the Gap

open access: yesRevist@ E-Mercatoria, 2011
International Investment Law is constantly changing; therefore the mechanisms available to solve its disputes have evolved. The International Centre for Settlement of Investment Disputes (ICSID) is the most important arbitral institution capable of ...
Gloria María Álvarez
doaj   +4 more sources

Starptautiskā investīciju strīdu izšķiršanas centra (ICSID) jurisdikcija pieņemt lēmumu par tiesību aizsardzības pagaidu līdzekļu piemērošanu

open access: yesLaw: Journal of the University of Latvia, 2022
Starptautiskajā vidē arvien lielāka uzmanība tiek veltīta starptautisku investīciju strīdu izšķiršanai Starptautiskajā investīciju strīdu izšķiršanas centrā (ICSID).
Marta Ābula
doaj  

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