Control, Capacity, and Legitimacy in Investment Treaty Arbitration
AJIL Unbound, 2018 Arbitration has long been the default mechanism for resolving international investment disputes. The traditional consensus favoring arbitration, however, has now given way, and reform proposals abound.
Jeremy K. Sharpe
doaj +1 more source
BG Group and “Conditions” to Arbitral Jurisdiction [PDF]
, 2016 Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v.
Bjorklund, Andrea K., Rau, Alan S.
core +2 more sources
The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration [PDF]
Pravni ZapisiThe paper discusses the status quo regarding efficiency in investment arbitration and suggests how predictability of the arbitral outcome can improve both efficiency in and of investment arbitration. First, the paper will address the cost and duration of
Rajković Nataša
doaj +1 more source
The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration [PDF]
, 2014 This chapter examines the dynamic balancing, rebalancing, and (perhaps) unbalancing of interests which takes place in international investment law (IIL) and arbitration.
Mills, A
core +1 more source
International commercial arbitration law and practice in Bosnia and Herzegovina: Lessons from investor-state dispute settlement (ISDS) reform [PDF]
Strani pravni životInternational arbitration, both commercial and investment, is generating increasing interest and practice in Bosnia and Herzegovina (BiH), as well as more generally in the Western Balkans region.
Brodlija Fahira
doaj +1 more source
A comparative study of the principles of international commercial arbitration with an emphasis on the protection of foreign investment [PDF]
دانشنامه حقوق اقتصادیNowadays, arbitration is the most common method of resolving disputes arising from foreign investment in international trade. The inclusion of an arbitration clause in foreign investment contracts is actually a guarantee for investment protection ...
Ruholah Akhondi Roshanavand +2 more
doaj +1 more source
Consistently Inconsistent: What Is a Qualifying Investment Under Article 25 of the ICSID Convention and Why the Debate Must End [PDF]
, 2016 International investment has helped to pave the way for an increasingly globalized world community. Consequently, the International Centre for Settlement of Investor Disputes (ICSID)—existing under the mandate of the World Bank and with the stated ...
Exelbert, Jeremy Marc
core +2 more sources
The Interplay Between Nationality and the Independence and Impartiality of the Arbitrator [PDF]
Iranian Journal of International and Comparative LawIndependence and impartiality are essential indicators for qualified arbitrators. However, the criteria for assessing these indicators differ among competent authorities when addressing challenges to arbitrators. One contentious aspect is the nationality
Ali Asghar Rahimi +1 more
doaj +1 more source
Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]
Access to Justice in Eastern Europe, 2019 This paper addresses the current challenges to investor-state arbitration in Europe. Two parallel developments are outlined: the current change in the EU policy towards arbitration provisions in multilateral and bilateral investment treaties, and the ...
Alan Uzelac
doaj +1 more source
The Effect of "Fork in the Road" and on Jurisdiction of Investment Treaty Arbitral Tribunal in Foreign Investment Disputes [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2016 Fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes.
Shahab Jafari Nedoushan +1 more
doaj +1 more source