Results 121 to 130 of about 375 (179)
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The Politics of Investment Treaty Arbitration
2020Abstract This chapter describes the politics of investment treaty arbitration. It first looks at two core political justifications for investment treaty arbitration. The first relates to home state politics and diplomacy: the ability of investment treaty arbitration to depoliticize investor–state disputes.
Lauge Poulsen
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Indian Courts and Bilateral Investment Treaty Arbitration
SSRN Electronic Journal, 2020Indian courts have had limited opportunities to deal with bilateral investment treaty (BIT) arbitrations.
Prabhash Ranjan, Pushkar Anand
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2020
Abstract This chapter challenges investment treaty arbitration at its core by questioning the validity of insistence on special routes for access to justice reserved to remediate the grievances of a class of privileged investors, which can be referred to as ‘justice bubbles’.
Junrong Song, Min Han
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Abstract This chapter challenges investment treaty arbitration at its core by questioning the validity of insistence on special routes for access to justice reserved to remediate the grievances of a class of privileged investors, which can be referred to as ‘justice bubbles’.
Junrong Song, Min Han
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Arbitration Under Investment Treaties
2022Abstract This chapter looks into arbitrations under investment treaties. During the 19th century, European powers tended to utilise a form of gunboat diplomacy to achieve compensation or protection. Numerous treaties of friendship, commerce, and navigation (FCN treaties) adopted the doctrine of non-intervention with exceptions for ...
Nigel Blackaby +2 more
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2017
Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha +2 more
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Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha +2 more
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Emergency Arbitration in Investment Treaty Arbitration
2021Abstract This chapter discusses emergency arbitration in the context of investor-State dispute settlement (ISDS), and specifically, investment treaty arbitration. The key distinction between emergency arbitration in commercial arbitration and in investment treaty arbitration concerns the application of the second principle of emergency ...
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The Meaning of ‘Investment’ in Investment Treaty Arbitration
2018Abstract Despite the growing number of investor-state arbitrations and resulting jurisprudence, there is still no consensus on the criteria of investment. This chapter first examines the way ‘investment’ is ‘defined’ in bilateral investment treaties and other international investment agreements, as well as the meaning of investment in ...
Katia Yannaca-Small, Dimitrios Katsikis
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The Plea of Illegality in Investment Treaty Arbitration
ICSID Review, 2014There is support in the investment treaty cases for the proposition that the lawfulness of the acquisition of the investment is a condition precedent for the conferral of adjudicative power upon the tribunal. This jurisdictional approach to the plea of illegality is justified by reference to three arguments: (i) an express provision of the treaty ...
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2012
Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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Illegal Investments in Investment Treaty Arbitration
The Law & Practice of International Courts and Tribunals, 2012Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but ...
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