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The Pros and Cons of Third Party Funding in the International Investment Arbitration Regime [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2023
There is a growing stream of critics who see investment arbitration in favor of foreign investors and as a negative force as opposed to sustainable development.
Alireza Mirveisi   +2 more
doaj   +1 more source

About BRICS Investment Arbitration

open access: yesЕвразийская интеграция: экономика, право, политика, 2023
The article discusses the issue of creating investment arbitration in the BRICS member states. The prerequisites for the creation of this institution are the problems of “classical” investment arbitration, which, in turn, are predetermined by the crisis ...
O. Yu. Skvortsov
doaj   +1 more source

Fear of Arbitration and Hope for Transition: Why Should We Care About the Interaction Between Investment Arbitration and Transitional Justice?

open access: yesAthena, 2022
Investment arbitration has experienced an exponential growth in the past years. Recently, there has been abundant discussion on how it influences matters of public policy, with strong criticism referring to its ability to restrain state regulatory ...
Juan Pablo Gómez-Moreno
doaj   +1 more source

The Right to Water in Investment Treaty Arbitration and Its Impact on Jurisdiction and Applicable Law [PDF]

open access: yesFaṣlnāmah-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
doaj   +1 more source

Human Rights and Investment Arbitration – Fields of Interaction

open access: yesPrzegląd Prawno-Ekonomiczny, 2022
The main scientific purpose of this article is to identify and analyse legal issues that arise between human rights and investment arbitration. At first glance, these two branches of public international law remain completely unrelated and do not have ...
Magdalena Michalska-Guzik
doaj   +1 more source

Capacity of the International Investment Arbitration Mechanism in Environmental Protection [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2021
Environmental considerations have always been a challenge for foreign investment. The need to observe environmental minimums from the beginning to the end of the investment is also a concern of environmental law activists. In the meantime, the host state
Mohammad Habibi Majandeh, afife gholami
doaj   +1 more source

Third Party Participation in Investor-State Arbitration: New Trends in ICSID Rules and UNCITRAL Transparency Rules [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2017
Arbitration is the most common method for resolving international investment disputes. The significant development of transparency in investment arbitration has led this notion to play a crucial role in the field of third party participation.
Ali Moghadam Abrishami, hamed zamami
doaj   +1 more source

The Involvement of the United Nations System in Promulgation of International Arbitrations among Its Member States [PDF]

open access: yesMajallah-i Huqūqī-i Biyn/al-milalī-i, 2023
Arbitration, as a method of pacific settlement of disputes, is mentioned in Article 33 of the Charter of the United Nations, by which parties to any dispute endeavor to find a solution to eliminate their conflict.
عباسعلی کدخدائی الیادرانی   +1 more
doaj   +1 more source

The Role of the State and the ISDS Trinity

open access: yesAJIL 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
doaj   +1 more source

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