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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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International Investment Arbitration
2007Abstract This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present ...
Campbell McLachlan +2 more
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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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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 ...
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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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Investment Arbitration. (c2020)
2022Investment arbitration is an alternative dispute resolution mechanism that solves investment disputes outside the scope of state courts. This mechanism has been recognized in the Lebanese law where the Lebanese legislator adopted a liberal approach toward arbitration.
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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
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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
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THE FUTURE OF INVESTMENT ARBITRATION
2009AbstractThis chapter reflects on the current state and possible future of investment arbitration in international economic law. It begins by analyzing why this system is so appealing and so widely accepted. It then considers the developments that may threaten the integrity of the investment arbitration process and ultimately lead to a loss of ...
Rogers, Catherine A., Alford, Roger P.
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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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