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Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments
Laws, 2022 Due to existing shortcomings in the system, the suitability and effectiveness of the international investment arbitration regime in addressing corrupt practices in international transactions and investment projects has been frequently questioned.
Belen Olmos Giupponi, Hong-Lin Yu
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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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Demystifying Moral Damages in International Investment Arbitration
The Law & Practice of International Courts and Tribunals, 2020 Claims for compensation of material damages in investment arbitration are well known – they are part of every dispute. Tribunals deal extensively with such claims and do not accord much attention to another type of damages: moral damages.
S. Weber
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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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Reforming International Investment Arbitration: an Introduction
The Law & Practice of International Courts and Tribunals, 2020 1 Amongst the first scholarly critiques was Susan D. Franck’s, “The Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law through Inconsistent Decisions,” 73 Fordham Law Review (2005), 107.
C. Giorgetti +3 more
semanticscholar +1 more source
Arbitration and third parties. [PDF]
, 2008 PhDModern international transactions have become extremely complicated, requiring the participation of several parties for the delivery of large-scale projects. However. multiparty commercial projects are invariably executed through several bilateral
Brekoulakis, Stavros L.
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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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Московский журнал международного права, 2020 INTRODUCTION. The article is devoted to the analysis of the position of the Russian Federation in ten investment cases initiated by Ukrainian investors after the events in Crimea in 2014.
I. V. Rachkov, E. I. Rachkova
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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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NOTION OF DIRECT INVESTMENT IN NON-ICSID INVESTMENT TREATY ARBITRATION [PDF]
სამართალი და მსოფლიო, 2021 In recent times, the importance of foreign investments becomes vital in the world’s economy. The mutual cooperation between developed and developing countries by signing the bilateral and multilateral treaties with its own dispute settlement mechanisms ...
Irina Chankseliani
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