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
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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
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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
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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
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Anali Pravnog Fakulteta u BeograduThis 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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TRANSPARENCY AND CONFIDENTIALITY REQUIREMENTS IN INVESTMENT TREATY ARBITRATION
BRICS Law Journal, 2018 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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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
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Non-investment considerations in Investment Treaty Arbitration [PDF]
, 2022 Most investor-state disputes arise out of investment treaties, and not contracts. Investor-state arbitration practices are based on rules and procedures of commercial arbitration.
Tulsyan, Aryan
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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]
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
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Australian and New Zealand Journal of European Studies, 2021 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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