Results 21 to 30 of about 575,655 (212)

THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE

open access: yesRevista Eletrônica de Direito Processual, 2018
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
doaj   +1 more source

PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea

open access: yesEuropean Papers, 2023
(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
doaj   +1 more source

Local Judicial System Reform and Corporate Investment: Evidence from Unified Management of Local Courts Below the Province

open access: yesSSRN Electronic Journal, 2022
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
openaire   +3 more sources

Opinion 1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration

open access: yesEuropean Papers, 2021
(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
doaj   +1 more source

The European Union in International Investment Governance: a Hybrid Approach to Dispute Settlement [PDF]

open access: yesRomanian Journal of European Affairs, 2018
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
doaj  

Taxpayer Standing and \u3cem\u3eDaimlerChrysler v. Cuno:\u3c/em\u3e Where Do We Go From Here? [PDF]

open access: yes, 2006
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.
core   +1 more source

Does Investor-State Dispute Settlement Discriminate Against Nationals?

open access: yesGerman Law Journal, 2020
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
doaj   +1 more source

Why Investment Arbitration and Not Domestic Courts? The Origins of the Modern Investment Dispute Resolution System, Criticism, and Future Outlook [PDF]

open access: yes, 2020
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
openaire   +1 more source

The International Court System: A Solution to the Crisis in Investor-State Arbitration?

open access: yesPotchefstroom Electronic Law Journal
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
doaj   +1 more source

The Court’s Opinion on the EU-Singapore FTA: Throwing off the shackles of mixity? CEPS Policy Insight No 2017/17, May 2017 [PDF]

open access: yes, 2017
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
core  

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