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Discrimination in Investment Treaty Arbitration
2023Abstract This book provides an original and comprehensive treatment of the non-discrimination standards at the heart of many investment treaty cases. Drawing insights from US law, EU law, and international human rights courts, the book supplies key insights into arbitration tribunals' decisions on the interpretation and application of
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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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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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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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Arbitration under Investment Treaties
2015Abstract This chapter describes the arbitration process under international investment treaties, in particular under the Washington Convention of 1965. This Convention aimed primarily to create a new arbitral forum for the resolution of disputes between investors and states by means of the inclusion of arbitration clauses in state ...
Nigel Blackaby +3 more
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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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Investment Treaty Arbitration in Asia
2019Abstract This chapter seeks to explore China’s approach to bilateral investment treaties and uses this to help consider its possible future strategy. In particular, the chapter considers the interaction of the growth and nature of China’s inward- and outward-bound foreign direct investment, with the protections provided in the BITs and ...
Matthew Hodgson, Adam Bryan
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