Results 171 to 180 of about 1,209,103 (237)
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The Future Of Investment Arbitration
2009Abstract By engaging current approaches to the genre, Autobiographical Inscriptions breaks new ground in the field of autobiography studies. The book is centered in a discussion of the ways that innovations of form and structure contain and bolster arguments for personhood articulated by Harriet Jacobs, Zora Neale Hurston, Hisaye ...
Rogers, Catherine A., Alford, Roger P.
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Investment Arbitration Reform: Third-Party Funding in Investment Arbitration
COFOLA International 2022. Current Challenges of Resolution of International (Cross-Border) Disputes, 2022This paper analyses the issue of “third-party funding”, something widely criticised in investment arbitrations. It is an issue addressed both through UNCITRAL Working Group III and in the amendment of the ICSID Procedural Rules (the current version adopted on 21 March 2022).
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Enforcement of Investment Arbitration Awards
SSRN Electronic Journal, 2020The enforceability of decisions is a central pillar of any dispute resolution mechanism, whether of internal or international nature. This chapter aims to explain the rules for enforcement under the two main enforcement systems that are currently in force in the realm of investment arbitration: the 1958 New York Convention on the Recognition and ...
Leonardo Borlini, Stefano Silingardi
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Challenges of Arbitrators in Investment Arbitration
2018Abstract The independence and impartiality of arbitrators continue to be an actively debated issue, partly due to the perceived opaqueness and inconsistency of challenge decisions and the standards to be applied to those challenges. This has in turn elicited responses on three fronts, each of which is addressed in this chapter.
Loretta Malintoppi, Alvin Yap
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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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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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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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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 ...
openaire +1 more source