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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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International Investment Arbitration
2016International investment arbitration is heterogeneous. At its core, it represents the settlement of international investment disputes between foreign investors and host States by arbitration. However, as there are different ways to institute arbitral proceedings, the structural and substantive aspects of international investment arbitration are colored
Lim, CL, Ho, J
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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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State Immunity in investment arbitration
Abstract This entry explores the key concepts of the customary rules on State immunity in investment arbitration. State immunity is primarily a post-arbitral phenomenon that emerges when successful investors try to enforce an arbitral award and seek assets exempt from enforcement immunity.openaire +1 more source
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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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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Illegal Investments in Investment Treaty Arbitration
The Law & Practice of International Courts and Tribunals, 2012Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but ...
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2012
Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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