A Reflection on the Invalidation of Patents in the Light of Constituent Elements of Indirect Expropriation under Foreign Investment Law [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2021 Patents are considered as investments protected under the International Investment Law. Although, these properties are protected under the principle of territoriality, similar to other investments, they can be expropriated as a result of host states ...
Ebrahim Rahbari +2 more
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The Role of the State and the ISDS Trinity
AJIL Unbound, 2018 In their article Imperfect Alternatives: Institutional Choice and Reform of Investment Law, Sergio Puig and Gregory Shaffer develop a clear and discerning comparative framework to evaluate alternatives to the current system of investor-state dispute ...
Patrick W. Pearsall
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A comparative study of the principles of international commercial arbitration with an emphasis on the protection of foreign investment [PDF]
دانشنامه حقوق اقتصادیNowadays, arbitration is the most common method of resolving disputes arising from foreign investment in international trade. The inclusion of an arbitration clause in foreign investment contracts is actually a guarantee for investment protection ...
Ruholah Akhondi Roshanavand +2 more
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BG Group and “Conditions” to Arbitral Jurisdiction [PDF]
, 2016 Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v.
Bjorklund, Andrea K., Rau, Alan S.
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China's Innovative ISDS Mechanisms and Their Implications
AJIL Unbound, 2018 International arbitration before Western-based institutions is the dominant mode of investor-state dispute settlement (ISDS). The Washington-based International Centre for Settlement of Investment Disputes (ICSID), the Hague-based Permanent Court of ...
Huiping Chen
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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
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The Right to Water in Investment Treaty Arbitration and Its Impact on Jurisdiction and Applicable Law [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2022 The right to water in investment arbitration has been one of the most contentious issues before investment arbitration tribunals in recent decades.
Farshad Geravand
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Submission to UNCITRAL Working Group II on International Arbitration [PDF]
, 2012 Most investment treaties grant investors the procedural right to bring claims against governments through investor-state arbitration. Under the arbitration rules that commonly govern the proceedings, including the arbitration rules developed by a United ...
Bernasconi, Nathalie +2 more
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International commercial arbitration law and practice in Bosnia and Herzegovina: Lessons from investor-state dispute settlement (ISDS) reform [PDF]
Strani pravni životInternational arbitration, both commercial and investment, is generating increasing interest and practice in Bosnia and Herzegovina (BiH), as well as more generally in the Western Balkans region.
Brodlija Fahira
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The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration [PDF]
, 2014 This chapter examines the dynamic balancing, rebalancing, and (perhaps) unbalancing of interests which takes place in international investment law (IIL) and arbitration.
Mills, A
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