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THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE
This article explores the contents and consequences of the Achmea judgment recently given by the European Court of Justice (6 March 2018, case C-284/16). In its first part, the article analyses the judgment from a European point of view.
Burkhard Hess
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(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1131-1139 | European Forum Insight of 10 February 2023 | (Table of Contents) I. Introduction. - II. The Supreme Court's logical solution considering EU case law.
Raphaël Maurel
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Using the policy of unified management of local courts below the province, we found that the independence of the judiciary can significantly improve the success rate of firms in administrative litigation cases, promoting the corporate fixed assets investment rate.
Renjie Zhao, Jiakai Zhang
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(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 631-644 | Article | (Table of Contents) I. Introduction. - II. The concept of autonomy. - III.
Antonis Metaxas
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The European Union in International Investment Governance: a Hybrid Approach to Dispute Settlement [PDF]
Investor-state dispute settlement and arbitration, in particular, stands at the centre of a process intended to reform the global regime of international investment treaties.
Beatriz Pérez de las Heras
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Taxpayer Standing and \u3cem\u3eDaimlerChrysler v. Cuno:\u3c/em\u3e Where Do We Go From Here? [PDF]
In granting certiorari in the case of Daimler-Chrysler Corp. v. Cuno, the Supreme Court asked the parties to brief whether respondents have standing to challenge Ohio\u27s investment tax credit.
Hickman, Kristin E., Tobin, Donald B.
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Does Investor-State Dispute Settlement Discriminate Against Nationals?
This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
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Why Investment Arbitration and Not Domestic Courts? The Origins of the Modern Investment Dispute Resolution System, Criticism, and Future Outlook [PDF]
AbstractThis chapter reviews the existing criticism of investor-State dispute settlement in relation to the role of domestic courts. In essence, this criticism contends that the IIA investment arbitration regime does not account for situations in which domestic courts offer adequate access to justice and discriminates against domestic investors by ...
Gabrielle Kaufmann-Kohler +1 more
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The International Court System: A Solution to the Crisis in Investor-State Arbitration?
Most known investor-state disputes are referred to a form of international arbitration known as investor-state arbitration (ISA) or investor-state dispute settlement (ISDS).
Tinyiko Lawrence Ngobeni
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The Court’s Opinion on the EU-Singapore FTA: Throwing off the shackles of mixity? CEPS Policy Insight No 2017/17, May 2017 [PDF]
In its landmark Opinion 2/15 the Court of Justice of the European Union concluded that the entire EU-Singapore FTA falls under the exclusive competences of the EU, with the notable exception of portfolio investment and the Investor-State Dispute ...
Van der Loo , Guillaume
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