Results 241 to 250 of about 270,935 (290)

Settling Investment Disputes

2022
Abstract This chapter focuses on the settlement of investment disputes. Under traditional international law, investors did not have direct access to international remedies to pursue claims against foreign States for violations of their rights. Instead, they depended on diplomatic protection by their home States. However, the gaps left by
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Settling Investment Disputes

2008
Abstract This chapter begins with a discussion of state v state disputes, covering diplomatic protection and direct disputes between states. The second section discusses investor v state disputes. Topics covered include the role of domestic courts, arbitration and conciliation, arbitration institutions and regimes, subject matter of the ...
Rudolf Dolzer, Rudolf Schreuer
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Bifurcation of Investment Disputes

2018
Abstract Bifurcation typically involves the division of arbitral proceedings into separate phases addressing jurisdiction/admissibility and the merits and, less frequently, the division of the merits phase into liability and quantum phases. However, tribunals are not restricted to bifurcating proceedings along these lines.
Baiju S Vasani, Sarah Z Vasani
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Challenges Facing Investment Disputes: Reconsidering Dispute Resolution in International Investment Agreements

2008
Abstract Henry Ward Beecher once observed, “[l]aws and institutions are constantly tending to gravitate … [and] like clocks, they must be occasionally cleansed and wound up, and set to true time.”1 Beecher’s comments reflect that, as law, societies and governments evolve, there are inevitably challenging transitional periods that require
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Resolution of Investment Disputes

2018
This chapter aims to analyse the most innovative elements of the CETA Investment Dispute Resolution Section in comparison with the existing ISDS system. For this purpose, it sheds light on the main policy objectives that have been pursued during the CETA investment dispute settlement negotiations and assesses how they are taken into account throughout ...
André von Walter, Maria Luisa Andrisani
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