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Emergency Arbitration in Investment Treaty Arbitration
2021Abstract This chapter discusses emergency arbitration in the context of investor-State dispute settlement (ISDS), and specifically, investment treaty arbitration. The key distinction between emergency arbitration in commercial arbitration and in investment treaty arbitration concerns the application of the second principle of emergency ...
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Environmental Counterclaims in Investment Arbitration
European Investment Law and Arbitration Review, 2020This article explores the possibility of environmental counterclaims in the context of investment arbitration and arbitral rules, focusing in particular on the UNCITRAL Arbitration Rules and ICSID Arbitration Rules. States have only rarely raised counterclaims against investors in investment arbitration.
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2006
Abstract When legal claims directly implicate public interests, the role of arbitration may be open to question. If challenges to environmental regulations or tax assessments create risks for general community welfare, an argument exists that resolution of such controversies should remain the prerogative of courts, rather than being ...
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Abstract When legal claims directly implicate public interests, the role of arbitration may be open to question. If challenges to environmental regulations or tax assessments create risks for general community welfare, an argument exists that resolution of such controversies should remain the prerogative of courts, rather than being ...
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The Use of Trusts in Investment Arbitration
SSRN Electronic Journal, 2017This article is the first to address the use of trusts in investment arbitration, and particularly all those instances in which trust structures may have a direct bearing on investment treaty claims. As a matter of fact, the increasing use of trusts in transnational business has created a whole new set of considerations that call for the attention of ...
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The Legitimacy of Investment Arbitration
2022International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and ...
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The Environment and Investment Arbitration
2020Abstract This chapter describes the relationship between investment arbitration and the environment. Most view investment arbitration as a threat to environmental regulation, and examine whether sufficient safeguards have been built into treaty texts and arbitral practice to preserve regulatory space for states to advance environmental ...
Makane Moïse Mbengue, Deepak Raju
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The Course of an Investment Arbitration
2008Abstract Investment arbitrations resemble commercial arbitrations in many ways but are dramatically different in others. The presence of a sovereign state in every such dispute can transform the tone and nature of an investment dispute. Tribunals are sometimes more solicitous of the position of a sovereign than they would be of a private
Christopher F Dugan +3 more
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The Meaning of ‘Investment’ in Investment Treaty Arbitration
2018Abstract Despite the growing number of investor-state arbitrations and resulting jurisprudence, there is still no consensus on the criteria of investment. This chapter first examines the way ‘investment’ is ‘defined’ in bilateral investment treaties and other international investment agreements, as well as the meaning of investment in ...
Katia Yannaca-Small, Dimitrios Katsikis
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Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration
2011Alan Redfern noted that “[a]t present, a generally relaxed attitude towards dissenting opinions seems to be taken not only by the arbitral institutions, but also by the arbitrators themselves ... .”2 In this contribution, I would like to explore the cautionary note with which Redfern concluded his seminal article, namely, that the “[t]ime has perhaps ...
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