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Precedent and Control in Investment Treaty Arbitration [PDF]
This Article\u27s thesis is that, although arbitrators in investment treaty arbitration are not formally bound by precedent in the same manner as common-law judges, there is an informal, but powerful, system of precedent that constrains arbitrators to ...
Cheng, Tai-Heng
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The Effect of "Fork in the Road" and on Jurisdiction of Investment Treaty Arbitral Tribunal in Foreign Investment Disputes [PDF]
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
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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
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The Role of Human Rights in Investment Arbitrations: Towards a Closer Integration
This article examines the role of human rights in international investment arbitration. A review of the historical origins of human rights and international investment law shows that the two fields are inextricably connected and share significant ...
Jassem Al Mulla
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ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
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TRANSPARENCY AND CONFIDENTIALITY REQUIREMENTS IN INVESTMENT TREATY ARBITRATION
he values of confidentiality and transparency are often invoked in the theory and practice of investment treaty arbitration. Transparency is considered to be one of the key aspects of good governance and corporate social responsibility.
Azhaham Perumal Perumal Saravanan +1 more
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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]
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
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The Line of Equilibrium: Improving Investment Arbitration through the Application of the WTO General Exceptions [PDF]
This article considers the application of the general exceptions of the World Trade Organization’s (WTO) General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) to the context of international investment ...
Collins, D. A.
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Power sector reform, private investment and regional co-operation [PDF]
Modern infrastructure, particularly electricity, is critical to economic development. South Asia, with inefficient and bankrupt state-owned vertically integrated electricity supply industries, encouraged private generation investment to address shortages
Newbery, David
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This article examines the European Court of Human Rights’ (ECtHR) approach to the exhaustion of extraordinary legal remedies and constitutional complaints in civil cases against Serbia.
JELENA TODIĆ, HRISTINA TODOROVIĆ
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