Results 181 to 190 of about 1,209,103 (237)
Some of the next articles are maybe not open access.
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
openaire +1 more source
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 ...
openaire +1 more source
Legitimacy of Investment Arbitration
2023This chapter does not provide an argument for or against the legitimacy of investment arbitration, but analyzes the discourse on legitimacy from a conceptual standpoint. Rather than offering an abstract analysis of different theoretical conceptions or concepts of legitimacy, it focuses on the concrete aspects addressed by different participants in the ...
openaire +2 more sources
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 ...
openaire +2 more sources
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 ...
openaire +1 more source
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
openaire +1 more source
Indonesia, Foreign Investment and Investment Arbitration
2019INTRODUCTION There has been a considerable increase in foreign direct investment in Indonesia, from USD 22.9 billion in 2010 to USD 50 billion in 2016. Foreign investment rose to USD 57 billion in 2017 and to an estimated USD 78.4 billion in 2019. Sectors such as mining, manufacturing, transport and telecommunications have continued to attract fairly
openaire +1 more source
2017
Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha +2 more
openaire +1 more source
Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha +2 more
openaire +1 more source
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
Banking on courts: financialization and the rise of third-party funding in investment arbitration
Review of International Political Economy, 2021Florence Dafe, Zoe Williams
exaly