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
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
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
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
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
Московский журнал международного права, 2020 INTRODUCTION. The article is devoted to the analysis of the position of the Russian Federation in ten investment cases initiated by Ukrainian investors after the events in Crimea in 2014.
I. V. Rachkov, E. I. Rachkova
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
L’expérience latino-américaine en matière d’arbitrage international d’investissement
Études Caribéennes, 2023 The experience of Latin American countries in international investment arbitration has been both challenging and full of twists and turns. The Latin American region has not only been at the origin of the discipline, but also at the heart of the ...
Milcar Jeff Dorce
doaj +1 more source
Relevance of the Investor's Practice and Behavior to the Adjustment of Compensation Arising out of the Breach of Investment Treaties' Standards of Protection [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2016 Quantum of damages is one of the most important aspects of proceedings in investment arbitration. Assessment of damages in investment treaty claims occasionally requires adjustment and reduction of damages under certain circumstances and situations. This
Mohammad Jafar Ghanbari Jahromi +1 more
doaj +1 more source